G.S. Singhvi, J. - (1.) Leave granted.
(2.) Whether the Appellant, who joined service under the Government of Madhya Pradesh as Assistant Surgeon on contract basis in November, 1999 and whose services were regularised with effect from 31.12.2005 under the Madhya Pradesh Regularisation of Public Health and Family Welfare Medical Cadre Contract Appointment Rules, 2005 (for short, "the 2005 Rules") was eligible to appear in Pre-P.G. Examination held in 2007 under the Madhya Pradesh Medical and Dental Post-Graduate Course Entrance Examination Rules, 2007 (for short, "the 2007 Rules") is the question which arises for consideration in this appeal.
(3.) The Appellant was appointed as Assistant Surgeon in District Hospital, Raisen on contract basis vide order dated 26.10.1999. The term of her contractual appointment was extended from time to time. After about four years, she filed Writ Petition No. 2158 of 2004 for issue of a mandamus to Respondent Nos. 1 and 2 to regularise her service. The same was disposed of by the learned Single Judge vide order dated 21.4.2004, the relevant portion of which (as contained in Annexure P-1) is extracted below: Having heard Mr. Shroti, learned senior counsel for the Petitioners and learned Government Advocate, I am inclined to direct the Respondent No. 1 to consider the cases of the Petitioners for the purpose of regularization. If any intervention of higher authority is sought the same shall be taken recourse to by the Respondent No. 1. The entire exercise shall be completed by end of July, 2004. At the time of regularization the authority shall also keeping view the spectrum of salary, I may hasten to add I have not adverted to the merits of the case. All other aspects relating to merits are kept open. If there are a set of rules the State Government shall keep in view the same while deciding the case of regularization. ;