DR IPSITA MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In all the aforesaid three writ petitions, the petitioners have sought for a direction for quashing Clause 20 of the prospectus published for selection of candidates for Post Graduate (Medical) Course in the three Government Medical Colleges of the State for the year 2007. In W.P. (C) No. 18001 of 2008, along with the prospectus for the year 2007, Clause 20 of the prospectus for the year 2008 is also sought to be quashed. The petitioners in all the writ petitions after successfully completing their M.B.B.S. Course being selected to take admission as direct candidates to the P.G. (Medical) Course, are continuing in the said course as direct candidates and have already completed more than one and half years in the said course. They have challenged Clause 20 of the prospectus as stated above, for the years 2007 as well as 2008 on the ground that the conditions imposed therein with regard to grant of P.G. Degree pass certificate is arbitrary, unreasonable and discriminatory being violative of Article 14 of the Constitution. Clause 20 of the prospectus of the years 2007 and 2008, which are identical, is quoted hereunder : 20. Post P.G. Mandatory Posting of Candidates :

(2.) Mr. Dora, learned counsel appearing for the petitioners in W.P. (C) No. 18001 of 2008 as well as Mr. R. K. Mohanty, learned counsel appearing for the petitioners in W.P.(C) No. 8464 of 2008 contended that the conditions imposed in the prospectus with regard to rendering of two years Post P.G. Mandatory Service as a condition precedent for grant of P.G. Degree Pass Certificate suffers from the vice of discrimination and arbitrariness for violation of the constitutional mandate enshrined in Article 14 of the Constitution, inasmuch as, the said action of the State Government is a surrogate method of imposing forced labour which is otherwise not permissible in a democratic constitutional set up. It was further contended on behalf of the petitioners that the stipulations with regard to Post P.G. Mandatory Service have no nexus with the aims and objectives sought to be achieved and if such a rider is imposed by the State Government in ensuring two years Post P.G. Mandatory service in either backward districts or rural areas in return of imparting P.G. Education, such restriction will act as a deterrent to the object sought to be achieved, i.e. to produce Specialists doctors in the State by imparting P.G. (Medical) Course, as the candidates may avoid to take admission to P.G. (Medical) Course on that ground. It was further contended that a condition cannot be imposed in a prospectus laying down the principles to be adopted for giving admission to a particular course that if an act is not performed by the successful candidates, who are given admission to such course after completion of such course, their degree will be withheld.

(3.) Mr. Dora, learned counsel-further contended that since degrees are awarded by the University, any candidate successfully completing any course cannot be deprived from getting such degree from the University at the behest of the State.