YOGENDRA TANEJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Rajasthan University of Health Sciences, Jaipur conducted Pre-P.G. Medical Entrance Examination - 2011 for admission to M.D./M.S./Diploma Courses in medical colleges of Rajasthan. Out of the total seats available, 50% seats in the courses referred above were to be filled in as per the allocation made by the Director General of Health Services, Government of India, New Delhi, on the basis of the result of All India Competitive Entrance Examination for Post Graduate Courses on open merit and the remaining 50% of the total seats were to be filled in on the basis of the merit in Pre P.G. Medical Entrance Examination. In the seats available, a further allocation is prescribed for the persons who are in employment of the State of Rajasthan and eligibility for such candidates is as under:-

(2.) The petitioners, who are in employment of the State of Rajasthan as "Medical Officer", on admission to the Post Graduation course, were relieved from their place of posting and were attached to the hospital associated with the medical college concerned. The petitioners and the persons alike, though continue with the designation of "Medical Officer", are commonly called as "Resident Doctors". The Resident Doctors are supposed to be on duty for 24 hours a day and are required to discharge the duties of treating doctors with the unit of medical specialty. In general, it can be said that a Resident Doctor is a person who is having a Graduation level medical degree and to have Post Graduation degree in some medical specialty, he practices under the supervision of senior and experienced physicians/surgeons in a teaching hospital. The persons admitted to Post Graduation course being in-service candidates discharge all duties of Resident Doctors in addition to the same medical duties discharged by them prior to admission in the course concerned. Suffice to mention here that the persons admitted in Post Graduation course as non-service candidates are also known as "Resident Doctors" and for all purposes, they too are supposed to discharge the same duties as discharged by the in-service candidates, but they are not abide by any bond for mandatory service with the State Government for at least 10 years after completion of the Post Graduation.

(3.) It is relevant to mention here that as a general practice, from last more than a decade the in-service Resident Doctors while undergoing Post Graduation course were treated on duty without availing study leave. The State Government paid them full emoluments as they were getting prior to their admission to the Post Graduation course. They were also availing annual grade increments and several other service benefits including leaves. In continuance of the practice prevailing, the petitioners were also relieved from the place of their posting with a direction to report at the medical college concerned for admission in Post Graduation course. They were paid regular emoluments too, however, an order dated 02.03.2012 then was passed making the sanction for undergoing P.G. course subject to acceptance of one condition from the two mentioned below:-