PARTHA SARATHI PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application the petitioner has sought for a direction to the opp.parties to consider him as in service candidate to prosecute P.G. course for the session to begin from 2.5.2006 and to quash clause 6.2.1 of the prospectus for selection of candidates for P.G. (Medical) course in the Government Medical College of Orissa (hereinafter referred to as "the prospectus").

(2.) THE petitioner registered his name as a practitioner after passing M.B.B.S. and completing housemanship. He was initially selected for appointment on contract basis with a consolidated pay and worked on temporary basis from 21.7.1997 to 31.3.2001. Though vacancies were available, his contractual service was not extended whereas services of some of his colleagues, similarly placed were extended only because they belonged to S.C. and S.T. category, offending Article 14 of the Constitution. In pursuance of the advertisement issued by P.S.C. for filling up the post of Assistant Surgeons, the petitioner offered himself as a candidate for the same and on being found suitable, was recommended for appointment as an Assistant surgeon vide letter dated 13.12.2000, but he was appointed as such only on 15.12.2001 i.e., more than one year after the recommendation of the P.S.C. He has been serving in Kandhamal district since 13.12.2002.

(3.) AS per the prospectus the last date of receipt of application was 12.1.2005, the Entrance Examination was scheduled to be held on 6.2.2005, the date of counseling was fixed 11/12.4.2005 and the academic session would commence from 2.5.2006. The candidates opting for P.G. course were divided into two categories viz. in -service and direct candidates. An in -service candidate is one, who at the time of application made, is in the employment in government of Orissa and has completed minimum five years of service, which includes all categories of employment like contractual/ad hoc/regular on 31.12.2004. After counseling and admission, the candidates admitted in clinical discipline shall have to work for a period of one year in K.B.K. districts and in the districts of Gajapati, Boudh and Kandhamal as per the government resolution issued in their health and family Welfare Department dated 21.8.1993. However, the mandatory one year pre -P.G. service in K.B.K. districts and in the districts of Gajapati, Boudh and Kandhamal would not be required for those candidates, who have already worked for a period of full three years in the said districts, they may be posted elsewhere during their pre -P.G.period. By the cut -off date i.e. 31st December, 2004, the petitioner had already completed 4 years 9 months and 14 days of service in Kandhamal district. He could not be eligible to appear the entrance Examination as an in -service candidate due to shortfall of 2 months and 16 days of service only.