SURENDRA KUMAR RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ petition, the petitioner challenges the action of the opposite parties in reducing the P.G. (Medical) seats from 76 to 58 and inserting clause 14.5.2 in the prospectus published for P.G. (Medical) Entrance Examination, Orissa 2005 (Annexure -1) as illegal, arbitrary and discriminatory.

(2.) AS per the case of the petitioner, after successfully completing his M.B.B.S. Course and housemanship with a brilliant academic career he was appointed as an Asst. Surgeon and served in the rural areas. In response to an advertisement made in the first week of December 2004 inviting applications to appear in the Entrance Examination for selection of candidates for P.G. (Medical) Course 2005, in the Government College of Orissa, he deposited a sum of Rs.750/ -, obtained an application form and after filling it up offered himself as a candidate for the same. On 6th February 2005 he faced the Entrance Examination and secured 50th position in the merit list of the in -service candidates.

(3.) CLAUSE 15.5.2. of the prospectus 2005 (Annexure -1) stipulates that "Subject wise unfilled "All India Open General Seats", if any, (as per information collected from the three Government Medical Colleges of Orissa, by the date of Counseling) will also be merged with the seats of General (Direct) Candidates". According to the petitioner in view of this clause, the general category (in -service) candidates would suffer as the number of seats meant for them for ensuing P.G. (Medical) admission would be decreased and the seats for General Candidates (Direct) would be increased, as such it is a clear case of discrimination among the direct general candidates and in -service general candidates. Hence the writ petition.