KAILASH CHANDER Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS have filed this writ petition calling in question SRO 430 notified on December 27, 2007 in terms whereof only such in -service Assistants Surgeons, who had actually served in a rural area for not less than two years, would be eligible to undergo Post Graduate Courses/ Super Specialty Courses, on the ground that restriction placed by the Government on in -service Assistant Surgeons requiring them to serve for at least two years in rural area before seeking participation in Entrance Examination for selection to the Post Graduate Courses/ Super Specialty Courses in the Medical Colleges of the State, was arbitrary, unjust and unwarranted, being in violation of Article 14 of the Constitution of India.

(2.) DEFENDING the amendment introduced vide SRO 430 of 2007 to the Jammu and Kashmir Government Medical Colleges (Selection of Candidates for Post Graduate Degree and Diploma Courses) Procedure Order, 1995, the State respondents say that there was shortage of doctors in rural areas of the State and to meet the requirement of improving public health, particularly in remote and backward regions of the State, the State Government, pursuant to the directions issued by this Court in a Public Interest Litigation in G.M. Khan v. State and others to the State functionaries to devise ways and means to ensure presence of doctors in rural areas to take care of the health of those who reside in these areas, had undertaken a drive to post doctors in these areas. These doctors, when appointed to the government service, would, however, in one or the other way, manage their posting in urban areas thereby affecting States resolve to cater to the need of public health in rural areas. It was because of this reason that a condition was contemplated for its introduction in existing SRO 158 of 1995 thereby restricting admission of those in -service candidates to Post Graduate Courses/Super Specialty Courses in the Medical Colleges of the State who had not completed two years actual rural service, so that requisite health facilities were provided to those residing in rural areas of the State.

(3.) LEARNED counsel for the petitioners, Mr. V. R. Wazir, relying upon Dr. Atin Kundu and ors v. State of Chattisgarh and ors, reported as AIR 2003 Chhattisgarh, 1 and Raj Kumar Pandita v. State of Jammu and Kashmir, reported as AIR 1989 J&K 37, urged that restriction placed on in -service candidates to seek participation in Entrance Test for admission to Post Graduate Courses/ Super Specialty Courses in the Medical Colleges of the State was violative of Article 14 of the Constitution of India. He asserted that right of education being a fundamental right flowing from Article 21, no restriction could be placed on in -service candidates for their participation in the Entrance Test to seek admission to the Post Graduate Course/ Super Specialty Courses in the Medical Colleges of the State.