- (1.) R. R. K. Trivedi, J. In this petition counter and rejoinder affidavits have been exchanged. Both learned counsel have agreed that the petition may be disposed of finally at this stage.
(2.) FACTS giving rise to this petition are that petitioner passed his MBBS Course in 1982 and also completed one year of Internship and thereafter was permanently registered with the Medical Council. It is also stated that from 10-1-1984 to 18-1-1985, petitioner worked as Junior resident doctor in Ram Manohar Lohia Hospital, New Delhi. On 10-4-1985 petitioner was appointed as a Medical Officer in Central Government Health Scheme after being selected and recommended by the Union Public Service Commission where petitioner is still in service. During service petitioner applied for doing Post Graduation in M. D. (Anaesthesia) for which his employer granted leave. Petitioner appeared in 1993 in Post-Graduate Medical Entrance Examination (in short PGMEE) con ducted by the State of U. P. The petitioner was selected. However, initially he was admitted in two years Diploma Course in. Anaesthesia on 1-5-1993 in LLRM Medical College, Meeiut but subsequently on account of some seats lying vacant re-allocations were made and petition was allowed to join MD Anaesthesia Course in GSYM Medical College, Kanpur where he joined on 30-3-1994. Petitioner is presently undergoing this course. It may be mentioned that the Diploma Course is for two years whereas MD Course is of three years. Petitioner made representation on 4-8-1994 to the respondent and requested for granting him cue year exemption from necessary three years course pres cribed for M. D. on toe ground that he has already done and completed one year training and as such he may not be compelled to repeat the same again which shall be wastage of time and money. Petitioner also prayed that he may be permitted to appear in the examination to be held in months of April/may, 1995 after completing two years of M. D. Course. This request of the petitioner has been turned down by the respondent vide order dated 20-8-1994 which is Annexure 7 to the writ petition. It has been said in this order that since the petitioner has been admitted in MD (Anaesthesia) Course for the Session 1993, he will be eligible for appearing in the examination in April/may, 1966. Ag grieved by the aforesaid order, petitioner has approached this court under Article 226 of the Constitution. Learned counsel for petitioner has submitted that the recommendation of the Medical Council of India of Post-Graduate Medical Education, which are also approved as regulations under Section 33 of the Indian Medical Coun cil Act, 1956, provide that the post-graduate degree course consists of two years, excluding one year of housemanship/house-job. Learned counsel for petitioner has relied on the criteria for selection of candidates for admission to the Post-Graduate Course provided under the recommendations made by the Medical Council of India which also provides opportunity to the doctors serving in State Medical Service, Armed Forces Medical Service or other equivalent service of the Public undertakings, local bodies etc. if they have worked so for a period of three years after full registration provided that one year of those three years is spent in a hospital which is approved for purpose of undertaking the compulsory relating internship or in a Command Hospital, failing which the aforesaid period of three years would be measured to 5 years. On the basis of the aforesaid recommendation, contention of learned counsel for peti tioner is that as petitioner has already completed one year house- job as a Junior Resident Doctor for R. M. Lohia Hospital, New Delhi from 10-1-1984 to 18-1-1985, he is entitled for exemption of one year under the recommenda tions made by the Medical Council of India. The provision for exemption is provided under the heading 'post Graduate Medical Education' which is being reproduced below ;- "with a view to improve the quality of training both academic and practical, it is recommended that : (1) The post-graduate training be de-linked from house manship. (2) The post-graduate training for the post-graduate degree under the category "board Specialties" and General Medicine and General Surgery shall be for three years and for diplomas two years after the completion of the compulsory pro-regis tration training and obtaining the degree and full registration with the State/central, Medical Council. (3) Candidates who are admitted to the Post-Graduate Courses and who have done Housemanship or equivalent training will be entitled to an exemption upto maximum period of one year in the duration of training for the Post Graduate Course. This exemption shall be available for such a period as the Executive Committee after taking into account all relevant factors considers necessary. " Learned counsel for respondent, on the other hand, has submitted that as clear from the recommendations made by the Medical Council of India, the post-graduate training for post-graduate degree is three years and there is no question of reduction of this compulsory period and the impugned order passed by the principal refusing to grant exemption as prayed by the petition is perfectly justified and the order does not suffer from any illegality. The petitioner is not entitled for any exemption on the basis of the criterion prescribed for admitted candidates which is for determining the eligibility for allowing entrance to the post-graduate training course.
(3.) I have considered the submissions of the learned counsel for parties and, in my opinion, petitioner is not entitled for the relief prayed in the writ petition. From a perusal of the provision contained in the recommendations which have been quoted above, it appears that this provision has been introduced to provide relief to those candidates by granting exemption who, for some compelling reason, could not complete three years course. The purpose does not appear to grant exemption of one year whenever a candidate has com pleted housemanship or equivalent training. The words used are "upto maximum period of one year in the duration of training" which clearly suggests that the exemption contemplated is for a situation where the candi date on account of illness or some other compelling factor absented himself and could not complete three years compulsory training. The eligibility for claiming and granting such exception is that the candidate must have done housemanship or equivalent training. The Medical Council of India has prescribed these recommendations with an aim to improve the quality of training both academic and practical. Thus if the theory part of the training is com pleted within two years, the practical part of the training is of the equal importance as theoretical knowledge achieved is required to be tested by prac tical application. It cannot be denied that while doing post-graduate training, the candidate learns much more than he had learnt while doing MBBS course and acquires sophisticated and advance knowledge in that discipline which has to be applied by practical training to achieve efficiency and completeness. The Medicinal Council of India while aiming to improve the quality of training both academic and practical could not have intended to grant exemption from prac tical training which can be acquired after going through the theory part of the training and this practical training with advanced knowledge could not have been done before joining the post-graduate training. The purpose behind making the provisions for exemption is only to meet these hard and excep tional cases where the candidate could not complete compulsory period of three yea s on account of some unavoidable circumstances. The claim of the petitioner was merely based on his serving for one year as resident doctor for Ram Manohar Lohia Hospital which in no way can be taken to be a practical training after going through the two years post-graduate academic course. The claim has thus rightly been rejected. A perusal of the application dated 4-8-1994 which has been filed as Annexure VI to the writ petition, it appears that the petitioner claimed that as he had already completed 11 months training period in Anaesthesia in Meerut Medical College before joining M. D. in Kanpur Medical College, i. e. the same speciality in addition to one year as Junior Resident 1st year, he is entitled for the exemption. Thus, in the application the claim made was on the basis of 11 months period, petitioner spent in doing diploma course. However, the stand taken in the writ petition is entirely different. Petitioner has claimed exemption on the basis of one year period during which he worked in the Ram Manohar Lohia Hospital. Reliance has been placed on the recommendations prescribing criteria for selection of candidates which cannot have any relevance in the matter of granting exemption which is a provision containing conditions and also provide for the criterion or eligibility, which a candidate must satisfy and possess for claiming exemption.;