- (1.) Dr. Ashok Kumar and Dr. Pragati Kumar are before this Court for the following reliefs; I. Issue a writ, order or direction in the nature of certiorari quashing the unreasonable restrictions contained in para III of impugned Government Order No. 1653/Chi-3-11-Ji-179/2005 dated 23.5.2011 (Annexure No. 2 to this writ petition). II. Issue a writ, order or direction in the nature of mandamus prohibition, prohibiting the respondent no. 1 not to legally implement the said impugned Government Order on its original legal effect subject to admission in P.G. Diploma Courses. III. Issue a writ, order or direction in the nature of mandamus declaring the para III of the impugned Government Order dated 23.5.2011 as ultravire, derogatory in legal effect against the petitioners. IV. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to delete the unreasonable restriction from para III of impugned Government Order dated 23.5.2011 where by giving the benefit to Doctors in Rural/Tribal areas of the State. V. Issue appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case. VI. Allow the writ petition with cost.
(2.) Brief background of the case as is reflected that petitioner no. 1 is performing and discharging his duties on the post of Medical Officer Level-II at District Government Women Hospital, Azamgarh and petitioner no. 2 is presently performing and discharging his duties on the post of MOIC at Police Hospital, Police Line, Ghazipur. Petitioners submit that they have completed more than 7 years of service and their submission before us is that under State Government policy vide letter dated 3.12.2013 Secretary, Medical & Health Services, Government of U.P., Lucknow has published the vacancies for nomination of MBBS degree holders Government Medical Officers regarding higher study (PG Diploma) and invited category-wise applications for admission in P.G. Diploma Academic Year 2014-15. Petitioners submit that State Government has issued a Government Order dated 23.5.2011 for admissions in post-graduate diploma courses amongst service cadre Government doctors imposing certain terms and conditions and giving weightage for those candidates who have rendered their service in Rural/Tribal areas, as contained in para III of the aforementioned Government Order and same seems to be contrary of provisions of Indian Medical Council 1956.
(3.) Petitioners have contended that the said Government Order is in violation of the regulations framed by the Medical Council of India and have, accordingly, prayed that paragraph III of the Government Order dated 23.5.2011 is liable to be quashed. Paragraph III of the said Government Order provides for as follows: Said condition no. 3 of Government Order dated 23.5.2011 has been adopted for academic session 2014-15 also as condition no. 2. Present writ petition in question has been connected with the Writ Petition No. 35050 of 2015 (Dr. Vivek Kumar Sachan Vs. State of U.P. & others) and counter affidavit has been invited for. Learned counsel for the petitioners has contended that the State Government has acted, in the present case, contrary to the provisions as contained under Postgraduate Medical Education Regulations, 2000 and, as such, this Court should come to rescue and reprieve of the petitioners by allowing the present writ petition. Learned Standing Counsel, on the other hand, has tried to justify the action, so taken by the State Government and prayed for dismissal of the writ petition.;