DR. RAJENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Dr. Rajinder Kumar petitioner has filed the present writ petition under Art. 226 and 227 of the Constitution for directing respondents 1 and 2 to make fresh counselling after considering the candidature of the petitioner under reserved HCMS quota for MD/MS courses in accordance with the merit position of the petitioner in the written examination and his deemed completion of probation period.

(2.) It has been pleaded that after passing Bachelor of Medicine and Bachelor of Surgery in 1993, the petitioner completed his interenship in May, 1994. The petitioner joined the post of Medical Officer on ad-hoc basis in pursuance of his selection made by the Departmental Selection Committee. The aforesaid appointment was made after adopting the procedure and the rule. The petitioner joined as a Medical Officer on 6.2.1995 and was appointed on regular basis w.e.f. 6.7.1995 by the Haryana Public Service Commission. He remained in rural service till 25.5.1998. The services of the petitioner are governed by the Haryana Civil Medical Services (Class-II) Rules, 1978. According to Rule 11 he was put on probation. The period of probation was to expire on 19.9.1997. It was extended for one year from 19.9.1997.

(3.) Vide notification dated 28.12.1998 issued by the Haryana Government, Health and Medical Education Department, a committee was constituted for conducting the entrance examination for the admission in MD courses etc. According to the eligibility criteria 'in-service HCMS doctors' are eligible provided they submit the application through their employers with 'No objection certificate' from the employer on or before the last date of receipt of application for admission against the seats reserved for such doctors. The last date of receipt of applications was 8.3.1999. The entrance examination was to be held on 4.4.1999. The petitioner applied in the quota admissible for MD/MS courses. His name was sponsored under the Open Category on the assumption that petitioner has not completed the period of probation. The result was declared on 7.4.1999. The petitioner was declared a successful candidate but against the wrong category. He was made to understand that since his name had been considered under the General category, therefore, he is at serial No. 51. He was not considered in the category of 'in-service doctors of HCMS'. The petitioner's claim is that he topped in the HCMS reserved category but he was considered as a general candidate.