A R BALAMURUGAN Vs. SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT FORT ST GEORGE

JUDGEMENT

(1.) IN all these writ petitions, the petitioners have challenged the Clause 54 (b) of the Prospectus issued by the second respondent for admission to P.G.Degree/Diploma/5 years M.Ch (Neuro Surgeons) Courses for the year 2008 - 2009, the selection and admission given to service candidates alone in respect of 16 courses in P.G.Degree/Diploma/M.Ch (Neuro Surgeon) based on Clause 54 (b) of the Prospectus as illegal and consequently, direct the respondents to hold fresh Counseling to fill the seats in the said Courses as done in the year 2007 - 2008. The case of the petitioners as put forth by them in their affidavits in support of the writ petitions are set out hereunder:-

(2.) 50% of each of the said courses is to be filled on an All India Basis. The remainder of 50% seat is to be filled by the State. Out of the State quota, 50% seats are reserved for service candidates and 50% seats are reserved for open competition candidates. The petitioners are concerned about 50% of the reserved seats for the open competition more particularly Clause 54 (b) of the Prospectus 2008 - 2009 that exclusively reserved 16 Post-Graduate Degree/Diploma/5 year M.Ch (Neuro Course) in favour of the service candidates. The petitioner are aggrieved over the total exclusion of the open competition candidates from the purview of the consideration for selection against the aforesaid 16 courses of study.2.

(3.) ON the contrary, the learned Additional Advocate General appearing for the respondents would contend that certain courses which are considered as Specialties have been exclusively reserved for service candidates to ensure that there is no scarcity of Doctors and the services of the Doctors after completing P.G.courses to serve the poor and needy of the Country in particular. There are number of vacancies in the Government Medical Colleges and Hospitals in these scarce hospitals. In order to fill up these vacancies with Medical Officer qualified in these specialties, the Government have taken the decision to reserve these Post-Graduate seats exclusively for service candidates. The Government which is spending large amount of money and levies nominal fees and in the same time provided stipend to private candidates and salary to service candidates, in order to ensure that the services of the Doctors after completion of P.G. courses to serve the poor and needy of the Country at large and this state in particular, it has proposed to reserve certain specialties in Government Medical Colleges exclusively for service candidates alone, as such the same cannot be faulted.