LEENA DAS Vs. STATE

JUDGEMENT

(1.) The ten petitioners in O.J.C. No. 2726 of 1985 claim to have passed the annual M. B. B. S. Examination from the Berhampur University in October, 1984 and completed their compulsory rotating internship by the end of October, 1985. 0. J. C. No. 2770 of 1985 has been filed by twenty-one petitioners who claim to have passed the annual M. B. B. S. Examination from the Utkal University and completed compulsory rotating internship by December 16, 1985. O. J. C. No. 2802 of 1985 has been filed by five petitioners who claim to have passed the annual M. B. B. S. Examination from the Berhampur University and completed their compulsory rotating internship by November 4, 1985. The sole petitioner in O. J. C. No. 2831 of 1985 claims to have passed the M. B. B.S. examination from the Utkal University and completed compulsory rotating internship by the end of October, 1985. Eight petitioners have claimed to have passed the M. B. B. S. Examination from the Utkal University and completed their compulsory rotating internship by December 14, 1985, in O. J. C. No. 2891 of 1985. In O. J. C. No. 2893 of 1985. the four petitioners claim to have passed the final M. B. B. S. Examination from the Utkal University and completed compulsory rotating internship by December 14/18, 1985, O. J. C. No. 2903 of 1985 has been filed by three petitioners who claim to have passed the M. B. B. S. Examination from the Utkal University and completed compulsory rotating internship by December 14, 1985. O. J. C. No. 2904 of 1985 has been filed by the sole petitioner who claims to have passed M. B. B. S. Examination from the Berhampur University in June, 1983. His application has been rejected for his failure to produce a certificate to the effect that his father had been in continuous service in Orissa for a period of not less than seven years under the Railways. In all the cases, the petitioners challenge the choice of the cut-off date, viz. the 30th June, 1985, fixed in the Prospectus, requiring the candidates to fulfil the eligibility requirements for admission into the R. H. S. assignment/Post-Graduate course and higher specialities in the three medical colleges of Orissa for the year 1985-86. The petitioners allege that the choice of the date is arbitrary and capricious and without any rational basis.

(2.) It has been contended on behalf of the opposite parties that the petitioners were ineligible to be considered on account of the conditions in the Prospectus and therefore, their cases were not considered and in order to bring harmony and keeping in view the fact that examinations are conducted by the three Universities of the State at different times, the cut-off date has been fixed reasonably and it cannot be characterised as illegal, unreasonable, irrational or arbitrary.

(3.) We have heard the learned counsel for the petitioners, Mr. R. K. Patra, the learned Additional Government Advocate, on behalf of the opposite parties and the learned counsel for the intervenors in O.J.C. No. 2891 of 1985 who would be affected in the event of the success of the writ-petitioners.