SHIV SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners-herein are Medical Officers who had been appointed on urgent temporary basis on consolidated salary of Rs. 8,000/- per month by order dated 24. 03. 1999 and order dated 12. 11. 1999. THEreafter, although they were absorbed in the regular pay scale of Rs. 8000-13500, they were still treated as Medical Officers on urgent temporary basis. THE petitioners thereafter took the selection test for the Post Graduate Medical Admission MD/ms Course 2002 and have secured the marks which are lower than the other general candidates. However, they have claimed admission on the ground that the inservice doctors are entitled to a certain percentage of seats by way of reservation ear-marked for the inservice candidates.

(2.) A controversy had arisen earlier in this regard as to whether the doctors who are already serving in the State for more than three years should be granted reservation or not for admission into the Post Graduate Medical Admission of MD/ms. Course and whether they could be treated as reserved category candidates for admission. The Judgment & Order of the High Court went in favour of the inservice doctors who were held entitled to certain percentage of reservation in allotment of seats and were ordered to be kept on par to the other reserved candidates like the SC/st provided they secured at least 40% marks in the admission test. This is the judgment of the Full Bench of this Court delivered in (Dr. Ajay Srivastava vs. State of Rajasthan and Ors.) decided on 5th February 2003. The petitioners on the basis of this judgment also claimed that they should be granted the seats in the reserved category earmarked for the in-service candidate on the basis of the marks secured by them.