CHITTA PRASAD DAS Vs. STATE

JUDGEMENT

(1.) Petitioner who was an applicant for admission to the Post Graduate Course pursuant to the prospectus (Annexure-1), has challenged the legality of Clause 2 and Cl. 7.6.1 of the Prospectus and has prayed for a direction to opposite party No. 4 to entertain the petitioner's application for admission to the 2 year Post-Graduate Course as an inservice candidate.

(2.) The petitioner asserts that he completed his M.B.B.S. Course from the Utkal University as a student from the S.C.B. Medical College, Cuttack and thereafter completed the Rotating Internship from the said institution. The petitioner then joined a Diploma Course in Orthopaedics in the Christian Medical College, Vellore, and successfully completed the same on 31-5-1984. He then joined the Government service in the Health and Family Welfare Department of the Government of Orissa and was posted in the S.C.B. Medical College Hospital with effect from 7-11-1984. After the prospectus for admission to the Post Graduate Course for the year 1985-86 as per Annexure-1 was issued, he made an application on 30-11-1985 by which date he had completed one year of service, but petitioner's case was illegally taken out of consideration on the ground that he did not complete one year of service on 30-61985. The petitioner asserts that he being a diploma holder in Orthopaedics, the clause requiring one year's service to be considered for admission to the Post Graduate Course is not applicable and alternatively, it is contended that by the date of application he had completed one year of service, but yet his case was not considered on the ground that the completion of one year of service must be by 30th June of the year for which the admission is going to take place. The petitioner asserts that there is no rationale behind the date 30-6-1985 and such arbitrary action must be struck down.

(3.) It is contended on behalf of the State that the petitioner was ineligible to be considered on account of the conditions in the Prospectus and, therefore, his case was rightly not considered. So far as the cut-off date was concerned, it was contended that there are three medical colleges within the State of Orissa and the three medical colleges are under three different Universities and necessarily, therefore, the examinations are not conducted simultaneously but on different dates. In order to bring harmony and keeping in view the academic year as defined in the Utkal University Statutes, the Government has fixed the cut-off date to be 30-6-1985, which cannot be said to be irrational or arbitrary and, therefore, the petitioners contention on this score is devoid of force.