YUITHINGLA VASHUM Vs. MANIPUR PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This matter has been heard for final disposal at motion stage as ordered by this Court on 25.5.1998.

(2.) Pursuant to the requisition made by the State Government for recruitment of 175 Junior Medical Officers, Manipur Public Service Commission (MPSC), issued Notification dated 14.7.1997 calling for applications from eligible candidates and the last date of receipt of applications was fixed on 23.8.1997. Two conditions were stated in the said Notification/Advertisement. The first condition concerns the Educational Qualification. It states:- "Possession of a recognised Medical qualification included in the First or Second Schedule, or Part-II of the Third Schedule (other than Licentiate qualifications) to the Indian Medical Council Act, 1956. Holders of educational qualifications included in part 11 of the 3rd Schedule should fulfil the condition as stipulated in sub-section (3) of Section 13 of the Indian Medical Council Act, 1956." For brevity it may be stated that as far as this condition is concerned, there is no controversy. The second condition stated in Roman (ii) of the aforesaid Notification is as under:- "(ii) Completion of compulsory Rotating internship." As stated above the last date of receipt of application was fixed on 23.8.1997. These writ petitioners submitted their applications within time. Their applications were accepted. However, they were undergoing compulsory rotating internship when they submitted their applications. Petitioner Nos. 1 to 10 completed compulsory rotating internship on 1st September, 1997. The petitioner No. 11 completed the said compulsory rotating internship on 31.3.1998. That means to say that the petitioner Nos. 1 to 10 completed compulsory rotating internship about 7 (seven) days after the last date of submission of applications.

(3.) The Manipur Public Service Commission issued Notification dated 7.5.1998 fixing the date of written test examination on 24.6.1998. The petitioners approached the authority to issue to them Admit Cards to sit for the written test to be held on 24.6.1998. They were informed that although their applications had been received by the office of the Commission, Admit Cards could not be issued to enable them to sit for the test on the ground that they had not completed condition No. 2 of the Advertisement viz., that they had not completed compulsory rotating internship when receipt of application was closed on 23.8.1997.