SHAILEE BHAT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Admission to the Post Graduate MDS course by in -service BDS Doctors is the subject matter of the Controversy in this petition. There is no dispute or controversy in this petition about such admission by the BDS Doctors against direct recruitment quota as this petition is confined only to the admission relating to in -service BDS Doctors.

(2.) The respondents invited applications from eligible candidates for such admission. The eligibility criteria, inter -alia, stipulated that to qualify for admission in MDS course the in -service BDS Doctors (hereinafter referred to as MO (Dental) J should be regularly appointed MO (Dental) and should have either rendered two years service in a tribal/difficult area or should have rendered five years service in a rural area. 3.Note: Vide order passed on 28th June, 2006 in CWP No. 452 of 2006 and other connected petitions, this Court has adversely commented upon some aspects of the aforesaid eligibility criteria relating to rendering of rural service of five years but that order has nothing to do with the issues involved for consideration in this case.

(4.) To more properly understand and appreciate the contours of the controversy we reproduce verbatim the aforesaid eligibility criteria which is contained in Para 3.3 of the Prospectus for admission: - "3.3 To qualify for admission to Degree Course (MDS) such regular Medical Officer (Dental).will be eligible who: - i) are regularly appointed as Medical Officer (Dental). However adhoc/contract service followed by regular service will be counted as qualifying service for the purpose of admission, ii) candidates should have completed two years in tribal/difficult areas. Difficult areas shall be -as defined vide Govt. of H.P. Dept. of Personnel Instruction No. Per (AP -, C) B (19) -1/94 dated 22.6.1999 and subsequent instructions thereof if any. OR iii) have completed five years in rural area which may or may not include tribal/difficult areas notified by the Govt. and applicable to the departmental candidates from time to time. iv) Should have minimum fifteen year service for superannuation after completing P.G. Course."