DR BIBHU PRASAD SARANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition, the petitioner, who is a doctor serving under the Government of Orissa, has challenged the legality of the condition imposed by the State and its authorities with regard to giving admission to in-service candidates in MDS Course, 2008-2009 that those who have completed five years of service by 31-3-2008 shall only be considered for such admission. Pursuant to the advertisement at Annexure- 2 issued by the Convenor, M. D. S. Selection Committee cum -Vice-Principal, Dental Wing, S. C. B. Medical College, Cuttack, the petitioner made an application for being selected for admission to one of the MDS seats as an in-service candidate. In the said advertisement, the eligibility criteria were given as follows :

(2.) The petitioner's case is that though he secured more percentage of marks in the BDS Examination than the opp. party No. 6, but he was denied such admission. It is the further case of the petitioner that the State by applying the condition of completion of five years of service by 31-3-2008 which is not prescribed by the Dental Council of India (for short, 'the DCF) has acted contrary to law in applying such condition which was a condition for admission to P.G. (Medical) Courses like M.S., M.D. etc. by in-service candidates, who are MBBS doctors. The petitioner has contended that the State could not have applied the said rule for MDS seats as Medical Council of India (for short,the MCI) and the DCI are two independent bodies and the DCI does not prescribe such a condition for giving admission to in-service candidates in MDS Course.

(3.) A counter-affidavit has been filed on behalf of the State, inter alia, stating that the MDS Course for the first time was started in the Dental Wing of S.C.B. Medical College, Cuttack during the academic year 2008-09 in the discipline of Oral and Maxillofacial Surgery and Pedodontics and Preventive Dentistry. Two seats each were permitted for each of the disciplines, out of which, one seat in each discipline was allotted to the All India Quota and one seat in each discipline was to be filled up as State Quota equally amongst in-service and direct candidates. As there was shortage of time to fill up the seats, it was decided to fill up the said seats as per the provisions under Rule 2(iii) of the Dental Council of India Revised MDS Course Regulation, 2007. Accordingly, the modalities for admission in the MDS Course were prepared as per Annexure-6 to the writ petition and submitted to the Government for approval. The same was approved by the Government as at Annexure-A/3 to the counter-affidavit. Pursuant thereto, a corrigendum was issued as at Annexure-C/3 to the counter-affidavit to the advertisement published earlier mentioning therein that an in-service candidate is one who has already completed minimum 5 (five) years of service under the State Government as contractual/ad hoc/regular employee or combination of all on or before 31-3-2008. The petitioner having not completed five years of service by the said date for being admitted to MDS Course, even though, admittedly, he has secured more percentage of marks than the opp. party No. 6 was not eligible to be admitted to such seat. The last date for filling up the forms for filing of the application was fixed as 4-6-2008.