LAWS(ORI)-2017-2-58

SAGAR MAHAPATRA Vs. STATE OF ODISHA AND OTHERS

Decided On February 16, 2017
Sagar Mahapatra Appellant
V/S
State of Odisha and Others Respondents

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, who is a doctor working in a Primary Health Centre (PHC), with the following prayer:

(2.) The brief facts of the case are that the petitioner was selected and appointed as "Assistant Surgeon Class-I" on 15.04.2012. He was, thereafter, on 11.04.2013, engaged as "Consultant Physician" at PHC (N), Gangapur under CHC, Belaguntha in the district of Ganjam. The petitioner was, vide office order dated 20.04.2013, directed to report before the Medical Officer, CHC, Gangapur, where he continued up to 30.03.2016. Thereafter, he joined at CHC, Gumma in the district of Gajapati. While he was continuing as Assistant Surgeon in Class-I Junior on ad hoc basis at PHC (N), Gangapur under CHC, Belaguntha in the district of Ganjam, he came across guidelines published for Post Graduate (Medical) Courses in the Medical Colleges of Odisha for the academic session 2015-16.

(3.) The above guidelines were framed by opposite party no.1 consequent upon the decision of the Government to take candidates from the merit list of AIPGMEE-15 for admission to MD/MS courses in the State quota seats in the academic session 2015-16. As per Clause-H of the guidelines, additional weightage was to be be awarded only to those inservice category candidates who are in employment in Government of Odisha/Government of Odisha Undertaking/ Government of India Undertaking and have qualified in the Entrance Examination and have worked in rural/tribal/backward areas (as per the list annexed thereto). Such candidates were to be awarded an additional weightage of 10% of the marks secured in the P.G. Entrance Examination per year of completion of service in above areas, subject to maximum of 30% of marks secured in the entrance examination.