DR. JAGANNATH BEHARA Vs. STATE OF ORISSA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF ORISSA IN THE DEPARTMENT OF HEALTH AND FAMILY WELFARE AND ORS.
LAWS(ORI)-1988-11-33
HIGH COURT OF ORISSA
Decided on November 04,1988

Dr. Jagannath Behara Appellant
VERSUS
State Of Orissa Represented By The Secretary To Government Of Orissa In The Department Of Health And Family Welfare And Ors. Respondents

JUDGEMENT

R.C. Patnaik, J. - (1.) The Petitioners who were born and brought up in Orissa and who are permanent residents of Orissa and secured their M.B.B.S. decrees from the universities in Orissa but are serving as doctors in the Ispat General Hospital, Rourkela under the employment of the Steel Authority of India limited have filed these writ applications for a mandamus to the opposite parties directing them to admit the Petitioners to the Two Years Postgraduate courses in the Government Medical Colleges upon a declaration that the note appended to paragraph 12 of the prospectus for the year 1988 -89 falls foul of Article 14 of the Constitution of India and is ultravires.
(2.) Two categories of doctors are admitted to the P.G. Courses. To one category belong those doctors who after passing the final M.S.B.S. Examination have secured full registration with State Medical Council Such doctors if selected are required to undergo one year 's house man ship prior to admission to the Post -graduate degree or diploma course. To the other category belong doctors who have rendered service after full Registration in a hospital which is approved for rotating house man ship or in a command hospital etc. This is in accordance with the guidelines prescribed by the Medical Council of India. There is still a third category as per the prescription with which we are not concerned. Seats have been allotted to the two categories in equal proportion. The second category of doctors has been nomenclature as in service doctors. In the year 1987 -88, the note appended to para 12 of the prospectus, defined an 'in service' doctor as one: who is in the employment of the Government of Orissa, Government of India, Public Sector undertakings and other Organizations under the Orissa Government and Government of India. This includes all categories of employment like adhoc, temporary, contract, reassure or substantive on the date of application. In the prospectus of the year 1388 -89, however, the definition was altered as follows: An in service doctor is one who is in the employment of the Government of Orissa, Public Sector Undertakings and other Organizations under the Orissa Government or is an Armed Forces Personnel. This includes at: categories of employment like adhoc, temporary, contract, regular or substantive on the date of application. So, in the year 1988 -89, doctors serving under Government of India Public Sector Undertakings and other Sector Under standings and other Originations under Government of India, except those serving in the Armed Forces, were taken out of the purview of the definition. That is to say, such doctors were not available under the second category to seek admission to seats earmarked for in service doctors. The gravies of the allegation of the Petitioners is that the exclusion of the in service doctors serving under the Central Government, Central Government Undertakings and organization suffered the vice of invidious discrimination and the classification has no reasonable nexus to the object sought to be achieved. The object being selection of the best and most talented candidate for the Post -graduate course, the exclusion of doctors serving under Central Government, Central Government Undertakings and Organizations as regards seats earmarked for in service doctors is arbitrary and unjust.
(3.) In the return filed by the opposite parties, they have sought to justify the exclusion on the ground that the State was competent to earmark seats excluding 25 per cent of the total seats for Post -graduate course which have been thrown open for open selection on All India basis for in service doctors serving under State Government and State Government Undertakings and Organizations. The Petitioners belong to a class of doctors who do not serve under the State Government, or State Government Undertakings and Organizations. They are a class by themselves and no discrimination his been made amongst the members of that class. It was open to the Petitioners to seek admission against the 25 per cent of open seats by taking the All India Entrance Examination.;


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