DR. DEBASIS PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition, the petitioner challenges the action of the opposite parties inserting clause 14.5.2 in the prospectus published for P.G. (Medical) Entrance Examination, Orissa, 2005 as illegal, arbitrary and discriminatory.

(2.) As per the case of the petitioner, after successfully completing his M.B.B.S. Course and House man shop with a brilliant academic career he was appointed as an Assistant Surgeon in November, 1996 and served in the rural areas of Orissa. 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 to P.G. (Medical) Course 2005, in the Government College of Orissa, he offered himself as a candidate for the same, appeared in the Entrance Examination and secured 69th position in the merit list of the in-service candidates. As per the direction of the Hon'ble Supreme Court 50% of the total P.G. seats were surrendered to All India Quota.

(3.) Clause 14.5.2. of the prospectus 2005 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, inasmuch as the number of seats meant for them in the 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 between the direct general candidates and in-service general candidates. Hence, the writ petition.