DR. ASHA GOEL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Our this order will dispose of civil writ petitions 17782,17783, 17784, 18550 of 1995 and 293 of 1996 as common questions of law and fact are involved therein. Matrix of case in short taken from CWP 17782 of 1995 emerges :-

(2.) Petitioner joined the cadre of H.C.M.S. Class-II, through the Haryana Public Service Commission and in due course of time was declared as H.C.M.S. Class-I. The State run medical colleges in Haryana and cater to courses of Post graduate Degrees/Diplomas in various medical specialities. 32 seats were reserved for doctors i.e. 19 seats of postgraduation and 13 seats of diploma from amongst members of H.C.M.S. cadre, sponsored by the State. Maharshi Dayanand University, Rohtak issued prospectus for admission to the above said courses for the year 1995. Petitioner took the entrance test in terms of the eligibility conditions provided in the prospectus. The result of the said test was announced on 27-10-1995. No weightage is provided in the eligibility conditions in the prospectus for inservice candidates sponsored by the State though in case of open candidates it was so provided. Candidates were to be given admission in the subject of their choice according to the merit. Petitioner who is the sponsored candidate by the State from amongst the members of the H.C.M.S. cadre impugned the admission, inter-alia, contending that the merit list amongst the sponsored candidates has been prepared on the basis of total of the marks obtained in the entrance test and the marks given by the sponsoring authority. The State of Haryana vide its instructions dated 11.3.1994 prescribed 100 marks for selecting candidates to be sponsored by the State against the seats reserved for inservice doctors in the cadre. The marks under these instructions are sub divided i.e. 40 marks for academic qualifications, 10 for experience, 10 for rural service, 5 for the State level prizes, 10 for annual confidential reports and 25 marks for interview. One of the conditions imbibed in the instructions for sponsoring candidates for admission against the reserved seats is that he must have secured minimum 20 marks in the entrance test before he can be considered for nomination against the sponsored seats. A Committee comprising of Secretary Health (Haryana) Director General Health and Director Health Services Haryana was constituted to hold interviews and evaluate the marks as divided above and then to sponsored suitable candidates against reserved seats. It was envisage that doctors in service could be permitted to take the entrance test against the sponsored seats only if they submit their application through their employer with a 'No objection Certificate' before the dated fixed. In compliance with the conditions for permission to take the entrance examination, the respondents issued no objection certificates to the candidates with a specific condition, which may, at this stage, be noted in verbatim :-

(3.) The respondents refuted the grounds taken by the petitioner for impugning the admission. It was averred that in terms of instructions dated 11.3.1994 Annexure P5, it is a condition precedent that H.C.M.S. doctors sponsored by the State will be eligible to appear provided they submit a no objection certificate issued to them as well as the respondents granting them permission to take up the entrance test as per the conditions provided in the instructions which would be applicable to the State sponsored candidates amongst the H.C.M.S. cadre against the reserved seats.