DR. JAGANNATH BEHARA Vs. STATE OF ORISSA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF ORISSA IN THE DEPARTMENT OF HEALTH AND FAMILY WELFARE AND ORS.

JUDGEMENT

(1.) The Petitioners who were born and brought up in Orissa and who are permanent residents of Orissa and secured their M.B.B.S. decrees from the universities in Orissa but are serving as doctors in the Ispat General Hospital, Rourkela under the employment of the Steel Authority of India limited have filed these writ applications for a mandamus to the opposite parties directing them to admit the Petitioners to the Two Years Postgraduate courses in the Government Medical Colleges upon a declaration that the note appended to paragraph 12 of the prospectus for the year 1988 -89 falls foul of Article 14 of the Constitution of India and is ultravires.

(2.) Two categories of doctors are admitted to the P.G. Courses. To one category belong those doctors who after passing the final M.S.B.S. Examination have secured full registration with State Medical Council Such doctors if selected are required to undergo one year 's house man ship prior to admission to the Post -graduate degree or diploma course. To the other category belong doctors who have rendered service after full Registration in a hospital which is approved for rotating house man ship or in a command hospital etc. This is in accordance with the guidelines prescribed by the Medical Council of India. There is still a third category as per the prescription with which we are not concerned. Seats have been allotted to the two categories in equal proportion. The second category of doctors has been nomenclature as in service doctors. In the year 1987 -88, the note appended to para 12 of the prospectus, defined an 'in service' doctor as one:

(3.) In the return filed by the opposite parties, they have sought to justify the exclusion on the ground that the State was competent to earmark seats excluding 25 per cent of the total seats for Post -graduate course which have been thrown open for open selection on All India basis for in service doctors serving under State Government and State Government Undertakings and Organizations. The Petitioners belong to a class of doctors who do not serve under the State Government, or State Government Undertakings and Organizations. They are a class by themselves and no discrimination his been made amongst the members of that class.