GEETA MOHANTY Vs. STATE OF ORISSA & OTHERS

JUDGEMENT

(1.) The petitioners in these two writ applications seek to challenge the weightage given for rural service for the purpose of admission of in-service doctors to the P.G. Courses in the Medical Colleges in the State.

(2.) The petitioners in both the cases, while serving as Lady Assistant Surgcnos under the State Government, applied for admission into the P.G. Course in Obstetrics Gynaecology for the session 1983-84, in pursuance of the advertisement issued by the Convener, R.H.S./P.G. Selection Committee and the Principal M.K C.G. Medical College Berhampur. Orissa Opposite party No. 4. Dr. Gecta Mohanty petitioner in OJ.C. 2013 of 1983 secured 6.21' percent of marks in the M.B.B.S. Examination held in June, 1976 and Dr Aruna Kumari Satpathy, the petitioner in O.J.C, 2301 of 1983, secured 58.8 percent of marks in the M B B S. Examination held in the year 1969. The claim of the petitioners is that, if the selection for admission into the P.G. Course had been made on the basis of the marks secured in the M.B B S. Examination, they would have been selected. But due to the weightage given for rural service, which according to them was irrational and unjustified, they were denied admission into the P.G. Course.

(3.) It is the further case of the petitioners that the admission was to be governed by the conditions stated in the prospectus issued for the year. Clauses 12 3.4 and 12.3,5 of the prospectus which are material for the purpose of the case as they stood initially provided that weightage will be given for services in respect of in-service doctors in the manner as explained in clauses 12.3.5 and 12.3 6. Rural Service was defined under clause 12.3.5 to near services rendered in any Primary Health Centre (PHC) of the State and also in such other Dispensaries/ Hospital/Subsidiary Health Centre/Medical Aid Centres, if any, which are located within the operational jurisdiction of a Primary Health Centre. Subsequently, tie aforesaid two clauses were amended purportedly on the ground of typographical error. By amendment to clause 12.3.5. was added the provision that weightage will be given in shape of 2 (two) credit marks for each completed year of rural service subject to a minimum of 10 (ten) marks. At this stage, it woald be convenient to refer to clause 12.3.6. which provides that in-service doctors, who have rendered more than 10 years of service under the Government of Orissa will be entitled to a credit of 1 m irk for each two completed years of service rendered after the 10th year subject to maximum credit of 5 marks. The petitioners contend that the p o-visions introduced by the amendment in tic clause 12 3.5 of the prospectus brought about substantial change in the process of admission into the P.G. Course. The grounds on which the aforesaid provision in clause 12.3.5. is challenged, shall be discussed when we consider the merit or the contentions raised on behalf of the petitioners.