LAWS(P&H)-2008-4-11

MADHURLATA AHLUWALIA Vs. UNION OF INDIA

Decided On April 28, 2008
MADHURLATA AHLUWALIA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE present Letters Patent Appeal has been filed against the judgment dated 6. 12. 2006 passed by the learned single Judge in CWP No. 12591 of 2006 vide which the claim of the appellants-petitioners to M. D. Homeopathy Course for the academic session 2006-07 as an external candidate was rejected, despite higher merit, on the ground that they were not eligible as they did not possess the certificate of Compulsory Rotatry Internship.

(2.) BROADLY the facts of the case are that the appellants-petitioners, two in number acquired Diploma in Homeopathic Medicine and Surgery (DHMS) much prior to 1983. Till 1983 there was no requirement or availability of Compulsory Rotatry Internship after obtaining the diploma in Homeopathy. Both the appellants joined Government service and have to their credit professional experience of more than 30 years as practising Homeopaths.

(3.) RESPONDENT Nos. 3 and 5 issued an advertisement for admission to M. D. (Homeopathic) course for the academic session 2006-07 by advertisement dated 28/29. 5. 2006 (Annexures P-1 and P-2 ). The note appended in the advertisement provided as under:-"note- DHMS with 10 years of professional experience shall be eligible for Admission in M. D. Course as External Candidate. "