VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of C.W.P. No. 7050 of 1991 and C.W.P. No. 13434 of 1991, as common question of law and facts are involved in both the cases. The facts have been taken from C.WF No. 7050 of 1991. In this writ petition issuance of a writ of mandamus is prayed for directing the respondents to give the petitioner the benefit of marks on the basis of length of service for the purpose of admission to 3 years Post Graduate Degree Course for the academic session 1991-92 and for quashing the notification dated 11th May, 1991 (Annexure P/3) which seeks to deprive the inservice candidates of proportionate awarding of marks for at least six months over and above the complete years of service (rural and urban together) being arbitrary, illegal, unjustified and violative of Article 14 of the Constitution of India. Petitioner after doing his MBBS joined the service of the State of Punjab as P.C.M.S. Class II Doctor on 7th Aug,. 1980 on regular basis. The Punjab Government vide notification No. 22/19/5HB3-89/27639 dated 23.11.1990 decided that the selection of students for admission to three years Post Graduate Course for the academic session 1991-92 in the Govt. Medical College Amritsar and Patiala shall be made by holding Post Graduate Entrance Test. The examination was to be conducted by the Guru Nanak Dev University, Amritsar. It was provided in the prospectus that the admission to the Post Graduate Course shall be based on the relative merit of the candidates determined on the result of the entrance examination (80%) and the academic achievements of the candidates (20%). Reservation to the Post Graduate courses for fresh graduates and inservice candidates were provided in the ratio of 40% to 60%. Out of 60% quota, Registrars/Demonstrators were to be adjusted first and the rest of the seats were to be given to POMS doctors. For inservice PCMS candidates, the merit was to be determined as under :-

(2.) Further it was provided that eligibility of the candidates would be determined in accordance with the orders issued vide Punjab Government No. 7(2) 5HB-III- 89/22763 dated 10.11.1989 whereby three years.of rural service (including adhoc service continuous with regular service) is essential.

(3.) Petitioner fulfilled all the qualifications and requirement of inservice PCMS candidates and opted to sit in the entrance test for post-graduate in Medicine as first preference and qualified the same. Thereafter he was assigned marks as per the criteria set out in the earlier part of the judgment with respect of his length of service i.e. rural and urban, Petitioner had rendered 4 years, 8 months and 22 days rural service and 5 years, 11 months and 1 day of urban service. Petitioner was given benefit of marks in the following order :