KAMINI SINGLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The short issue involved in this writ petition, that falls for consideration of this Court is whether the Rural Medical Officers, working with Zila Parishads in the respondent-State, are also entitled to be considered within the zone of consideration for 60% seats for Post Graduate Degree/Diploma courses-Session-2013, in the Health Sciences Institutions (Medical/Dental) in the State of Punjab, to be filled up from amongst the eligible PCMS/PCMS (Dental)/PDES in- service doctors.

(2.) Learned counsel for the petitioners submits that since the petitioners are serving as Rural Medial Officers under Zila Parishads, they are entitled to be treated at par with PCMS doctors, for the purpose of admission to Post Graduate Courses in question. He further submits that salary of the petitioners is also the same as being paid to PCMS doctors. He next contended that since the State Government has pervasive control over the Zila Parishads, the petitioners should be considered as State Government employees permitting them to compete with the PCMS doctors for 60% seats for in-service candidates. He also submits that clause 14(A)(a) and (ii) of the prospectus, so far as it denies opportunity to the petitioners for admission in Post Graduate Courses in the category of in-service candidates, was violative of Articles 14, 19(1) (g) and 29(2) of the Constitution of India. Reliance has been placed on interim orders dated 4.2.2011, 7.4.2011 and 5.10.2011 passed by this Court in CWP No.1766 of 2011, which came to be modified by this Court vide order dated 20.5.2013. Finally, he prays for allowing the writ petition.

(3.) Having heard the learned counsel for the petitioners at considerable length, after careful perusal of record of the case and giving thoughtful consideration to the contentions raised, this Court is of the considered opinion that the present one is not a fit case warranting interference at the hands of this Court, while exercising its writ jurisdiction under Articles 226/227 of the Constitution of India. To say so, reasons are more than one, which are being recorded hereinafter.