ASHOK KUMAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two writ petitions filed by some doctors already in Government service seeking admission to the R. H. S. Course for the current year raise common questions of fact and law and as such are being disposed of by this common judgment.

(2.) In O. J. C No. 1569 of 1983, there are five petitioners out of which the case of petitioner No. 5 stands on a slightly different footing and, therefore, bis case will be considered separately. In O. J. C. No. 1679 of 1983, there are eleven petitioners. All these petitioners in both the writ petitions were appointed as Assistant Surgeons in the State Medical and Health Services Cadre on ad hoc basis for a period of six months with effect from the date of their joining or till the recommendations of the Orissa Public Service Commission for appointment as regular Assistant Surgeons are received or until further orders whichever is earlier. The appointment orders of the petitioners have been annexed to the writ petitions as Annexures 2 and 2/a in O. J. C. no. 1569 of 1983 and Annexure I in O. J. C. No. 1679 of 1983. The prospectus for selection to R. H. S. and admission into Post-Graduate Course in the three medical colleges of Orissa was approved by the Government of Orissa in the Department of Health and Family Welfare in Government Order No. 17053-H, dated 3-6-1983. Under Clause 8.3.1 of the prospectus, an inservice candidate is not eligible to apply for R. H. S. Course. Clause 7.2 defines the term 'inservice doctor'. The challenge in these two petitions is in regard to Clause 8.3.1 as being discriminatory and violative of Articles 14 and 16 of the Constitution and further it is contended that Clause 7.2 does not bring within its sweep the ad hoc appointees like the petitioners.

(3.) Before adverting attention to the contentions of the petitioners, it would be profit, able to note the scheme of the prospectus in the content of postgraduate studies in medical science in the State of Orissa. It appears that there are three medical colleges within the State of Orissa and admission to the Post- Graduate Courses is made centrally for all the three colleges by a Selection Committee. The duration of the course is three years after full registration out of which one year should be as R. H. S. and this is in consonance with the criteria fixed by the Medical Council of India. Those who have completed five years of service are not required to undergo the R. H. S. Course for one year and they are admitted to the 2 years post-graduate course. The admission to the post-graduate course is made from two independent sources, namely, the fresh graduates who are not in the employ of the State Government and the inservice doctors who are in the employ of the State Government; so far as the fresh graduates are concerned a competitive entrance test is held and on the basis of the marks obtained in the said test, admission is made to the R. H. S. Course. On completion of one year satisfactory R. H. S. Course, they are automatically admitted to the next stage, namely the 2 year postgraduate course. So far as the inservice doctors are concerned, their admission to the 2 year post-graduate course is made also on the basis of merit, namely, the marks obtained by them in the final M. B. B. S, examination. Of course, in case of inservice doctors, certain weightage is provided for those who have rendered service in rural areas, as contained in Clauses 12.3.4 and 12.3.5 of the prospectus. As far as allotment of seats are concerned, out of the total seats available in the post-graduate course, fifty per cent seats are reserved for those fresh graduates who have completed their one year R. H. S. Course and other fifty per cent for the inservice doctors. This is in essence the broad scheme of admission into the R. H. S. and post-graduate course under the prospectus in question.