ANJALI NAGPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of four writ petitions, namely, CWP Nos. 11538 of 2013 titled as "Dr. Anjali Nagpal and others v. State of Punjab and others", CWP Nos. 13214 of 2013 tided as "Dr. Ravinder Pal Singh and another v. State of Punjab and others" and CWP Nos. 13219 of 2013 tided as "Dr. Suresh Kumar v. State of Punjab and others" as the facts and the questions of law raised in all the petitions are common. However, for the sake of connivance, facts are being extracted from CWP Nos. 11538 of 2013 tided as "Dr. Anjali Nagpal and others v. State of Punjab and others". The petitioner has prayed for a writ in the nature of mandamus directing the respondents to consider her within the 60% quota reserved for the in-service PCMS Doctors for admission to the Postgraduate Medical Course/Diploma. It is also prayed that the condition of clearing of probation made mandatory in the eligibility criteria is arbitrary and unreasonable.

(2.) The brief facts of the case are that the petitioners joined as a Doctor in Zila Parishad in the Department of Rural Development and Panchayat, Punjab in June 2006. They remained in the service of Zila Parishad till August 2012. Thereafter they were appointed as PCMS Doctors with the Government of Punjab in August 2012. The National Board of Examinations issued notification for conducting NEET-PG for admission to MD/MS/Postgraduate Diploma Courses 2013. The petitioners appeared in that examination seeking admission to the Postgraduate Course, however, the result of the said examination was stayed by the Supreme Court on 13.12.2012 in Transferred Case (Civil) 101 of 2012 titled as "A.P. Private Medical and Dental College Management Association v. Dr. NTR University of Health Sciences and anr."

(3.) During the operation of stay, respondent No. 2 issued the notification dated 5.4.2013 for admissions to Postgraduate Degree/Diploma Courses in the State of Punjab on the basis of merit list of NEET-PG. According to Clause 14 of the said notification, 50% of the total seats in every institution were to be filled by the Government of India at All India level and the remaining seats through NEET-PG at State Level from candidates having Punjab Resident status. Out of the said remaining seats, 60% seats were to be filled up from the eligible PCMS in-service Doctors and 40% were thrown open for all eligible medical/dental graduates. In the eligibility criteria for 60% in-service seats, it is provided that the candidates must have completed probation. This condition has been challenged which forms part of Clause 14(1)(A)(a)(ii) of the said notification.