SHAMS JAHAN Vs. STATE OF ODISHA
LAWS(ORI)-2020-7-8
HIGH COURT OF ORISSA
Decided on July 24,2020

Shams Jahan Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

- (1.) This writ petition has been filed by petitioner-Dr. Shams Jahan with the prayer for issuance of writ of mandamus to the opposite parties to accept the service certificate of the petitioner and consider her case as an inservice category candidate considering the period of service rendered by her from 08.12.2014 and extend her the benefit enumerated under Clauses G and H of the guidelines for Counselling and Admission of the candidates for Post Graduate (Medical) Courses in the Medical Colleges of Odisha for the academic session 2020-21 as per sub-clause 2(d) of Regulation 9 of the Medical Council of India, Post Graduate Medical Education Regulation, 2000 (Amended upto to July, 2017). She has further prayed for direction to the opposite parties to allow her to appear the 2nd round of counselling to admission into Post Graduate (Medical) Courses for the academic session 2020-21 by accepting her documents for verification.
(2.) The facts of the case, as set out in the Memorandum of the petition is that the petitioner completed MBBS course from Utkal University in the year 2014 and thereafter got her name registered under the Odisha Council of Medical Registration, Bhubaneswar having Registration No.1990 dated 01.12.2014. She also renewed her registration on 27.09.2016 as per provisions of the Odisha Medical Registration Act, 1961. The petitioner after getting registration got engagement on 08.12.2014 as a Tutor at PHC (N), Adhangagarh, Biridi on contract basis and served there till 30.04.2015. Thereafter, the petitioner joined as a Tutor in Saheed Laxman Nayak Medical College and Hospital, Koraput (in short, "SLNMCH, Koraput") on 10.04.2017 on contract basis and served there till 14.03.2019. She joined at CHC, Gumma, Gajapati on 15.03.2019 on regular service and again she transferred to SLNMCH, Koraput on 15.03.2019. The petitioner had availed leave from 12.09.2019 to 20.01.2020 and thereafter she joined her duty on 21.01.2020.
(3.) Mr. R.P. Singh, learned counsel for the petitioner submitted that the petitioner applied for NEET-PG 2020 for the academic session 2020- 21 as an in-service candidate. Admit Card was issued to her by the National Board of Examinations (Annexure-3) to attend the examination on 05.01.2020. The petitioner appeared the examination and was declared successful. She then registered her candidature through online for PG (Medical) Course in any one of three Medical Colleges of Odisha. The Convenor , PG (Medical) Counselling Committee 2020-21 notified a tentative schedule on 03.03.2020 (Annexure-4) for PG (Medical) Counselling 2020-21 indicating that online registration would commence from 09.03.2020 till 18.03.2020 and verification of original documents will be conducted on six different dates in the month of March, 2020. It was also notified under Annexure-4 that after 1st round of counselling, a detailed programme for the 2nd round would be notified in due time. The opposite party No.3- Convenor, PG (Medical) Counselling 2020-21 issued notice dated 18.03.2020 (Annexure-5) for document verification at MKCG Medical College, Berhampur. The petitioner could not attend on that date on account of lockdown declared by the State Government due to COVID -19 pandemic. However, as per the direction of the Hon'ble Supreme Court regarding NEET PG for admission to MD/MS courses, guidelines have been framed for counselling and admission of the candidates against 50% State quota seats in different Medical Colleges of the State for the academic session 2020-21.;


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