- (1.) THE State Government issued a Government Order on 22 January 2014 under which thirty percent seats were reserved for government medical officers who had served in the Provincial Medical and Health Services of the State. These seats were reserved for admission to postgraduate medical courses for the MS and MD degree programmes. The last date for filling up of application forms for the Uttar Pradesh Postgraduate Medical Entrance Examination - 2014 was 12 March 2014. Under the Government Order dated 28 February 2014, only those medical officers who had satisfactorily completed three years service in Community Health Centres and Primary Health Centres situated in distant, remote and backward areas in different districts of the State were eligible for MD/MS courses.
(2.) THE petitioner is a Medical Officer at Primary Health Centre, Ranipur, Suhakhpur, Ghazipur. He was granted permission to appear in the written examination on 25 March 2014. The petitioner admittedly appeared in the written examination. He is aggrieved by his non -selection for the postgraduate medical course.
(3.) IN the counter affidavit which has been filed by the State, it has been stated that the Screening Committee constituted under Government Orders dated 28 February 2014, 17 April 2014 and 10 June 2014 laid down the following conditions for the issuance of a No Objection Certificate to the Medical Officers so as to enable them to participate in the counselling process: "(a) Medical Officers who have completed 3 years satisfactory service in hospitals situated in rural areas as on 31.12.2013 and are not above the age of 45 years. (b) Medical officers have to produce daily diary based on OPD register in respect of treatment given to patients during the last three years prior to 31 December 2013 along with their application forms. (c) Medical Officers have to furnish the description of their service period duly certified by the competent authority of the Directorate, along with the prescribed application forms. (d) Medical Officers have to make a declaration with regard to non -pendency of departmental/vigilance enquiry or any other adverse fact." The petitioner admittedly fulfills all the requirements. The Director General, Medical and Health fixed 19 June 2014 and 7 July 2014 for counselling for 51 reserved seats of MD/MS for the Medical Officers falling in the PMHS category for which a Board was constituted under an Office Memorandum dated 3 June 2014. On the basis of merit -cum -option principle, 49 Medical Officers were selected for admission in different colleges of the State for MD/MS courses against the 51 reserved seats. The only ground on which the application filed by the petitioner has not been considered is that a No Objection Certificate could have been issued only to those Medical Officers who had applied on the prescribed format in terms of the Office Memo dated 27 June 2014 of the Director. The counter affidavit states that the petitioner did not apply on the prescribed format. That is the only ground on which the petitioner has been excluded from counselling. The fact that the petitioner fulfills all the necessary requirements of three years' satisfactory service in a hospital in rural area; and of not being above the age of 45 years as on 31.12.2013 is not in dispute. The fact that the petitioner was permitted by the Director to appear in the written examination on 25 March 2014 is again not in dispute.;