VEENA SALUJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Dr. Veena Saluja acquired her M.B.B.S. Degree in 1971 and joined the Haryana Civil and Medical Service (Class II) on 21st July, 1972, on ad hoc basis. Later on, in May, 1974, she was appointed on regular basis and has been continuing in service since then. During this long span of fifteen years' service, the petitioner has put in 2 years 8 months 18 days' "rural service" as she has served in various villages in the State of Haryana.

(2.) The Maharishi Dayanand University, Rohtak, respondent 2, has been inviting applications from time to time for admissions to the various Post-Graduate/Diploma courses in the Medical College, Rohtak. For this admission to the Post-Graduate Course the doctors, who are working in the Haryana State Service like the petitioner, have to obtain 'No Objection Certificate' from the State Government, respondent 1. It is only after the grant of this certificate that admission is granted against reserved seats within the quota meant for H.C.M.S. (Class II) doctors. Such certificates were granted to the petitioner for joining the Post-Graduate/Diploma Courses in 1982, 1985 and 1986, but the petitioner could not join the course due to her family circumstances.

(3.) On 8th Feb. 1987, the Maharishi Dayanand University, Rohtak, again invited applications for admission to Post Graduate/Diploma Courses. In response thereto, the petitioner, on the authority of the 'No Objection Certificate' issued in her favour on 17th Mar. 1986, applied against the reserved seats for H.C.M.S. (Class II). Copy of the order granting the Certificate is annexure P/2. However, in the meantime, on 19th December, 1986, the State Government respondent 1, issued a policy letter (copy Annexure P/5) regarding reservation of seats and the eligibility of the candidates seeking admission to Post-Graduate Courses against those seats. Though the petitioner was fully eligible according to the aforesaid policy decision of the Government, yet due to some misreading and mis-understanding of the document, the petitioner was not granted admission against the reserved seats for H.C.M.S. (Class II) doctors. Aggrieved against this action of the respondents, the petitioner has approached this court by filing the present writ petition under Arts.226 and 227 of the Constitution of India wherein she has prayed that a writ in the nature of mandamus be issued to the respondents for granting her admission against the reserved seats meant for H.C.M.S. (Class II) doctors by granting 'No Objection Certificate' on the basis of her two years' regular rural service.