I.S. Tiwana, J. - (1.) HAVING qualified the M.B.B.S., examination in, December, 1985,' the Petitioner applied for one year's house job in Government Medical College, Patiala, with a view to have her post -graduation attainments. It is the undisputed position that during one year's house job, a student can have attainments in two specialties of his choice. She was selected and appointed to do House job in Anesthesia for six months, i.e., from January 1, 1986 to June 30, 1986, and she has successfully completed this term. Next she sought appointment for house job in Gynecology and Obstetrics commencing from July 1, 1986. She was duly selected and as a matter of fact she joined this course. This selection of hers was, however, made subject to a medical fitness certificate which she was to obtain from the Professor Incharge of the Gynaecology Department. As per this requirement, she obtained a medical fitness certificate (Annexure P. 2) from Dr. K.K. Sandhu, Professor of Gynaecology Department. This certificate reads as under: I, Dr. K.K. Sandhu, Prof. of Gynae Department do hereby certify that I have medically examined Dr. Bharti, daughter of Shri Telu Ram who has been selected for the house job for the session July and find that he/she is physically and mentally fit according to the standard of fitness for entering in the Punjab State Medical Services except having pregnancy 28 weeks. D.L.M.P. 6th January, 1986. Signatures of said doctor are given below; Signature: (Sd.) Bharti.
(2.) SINCE Respondent No. 2, i.e., Medical Superintendent, Rajendra Hospital, Patiala, did not feel satisfied with the certificate of Dr. Sandhu, he made a reference to the Director, Research and Medical Education, Punjab, to find out whether 28 weeks pregnancy of the Petitioner could render her unfit for the house job for which she had been selected and appointed. The Director replied to the said query in the following manner, - -vide his communication, dated July 4. 1986, (Annexure P. 3): Pregnancy is no bar for doing house job. If Dr. Bharti Devi, daughter of Shri Telu Ram will get leave during her house job, the period of leave will be treated without honorarium and in lieu of this period she will have to complete the term of house job alter 31st December, 1986 without honorarium. This also disposes of your memo. No. 2113, dated 3rd July, 1986. Still not feeling reconciled with the opinion expressed by the Director, Respondent No. 2 has terminated the appointment of the Petitioner as House burgeon in Gynaecology Department, - -vide his impugned letter, dated July 18, 1986, Annexure P.4. The relevant part of this letter reads as follows: As per criteria for selection of House Surgeon for appointment, issued, - -vide Punjab Government Memo. No. 13505 -5HB -II -76/, dated 22nd September, 1976, Dr. Bharti Devi is not eligible for appointment as she is temporary unfit. As such her services may be considered as dispensed with, with effect from 18th July, 1986. She should be relieved of her duties immediately under intimation to this office please. Medical Superintendent,Rajendra Hospital, Patiala
(3.) THE Petitioner impugns this action of Respondent No. 2 firstly on the ground that the Petitioner's pregnancy, as noticed above, does not render her physically and mentally unfit for the house job or the duties she is supposed to perform as a House Surgeon, and secondly her appointment as such is not violative of the criteria laid down by the Government, - -vide its communication, dated September 22, 1976 (Annexure P.5). The stand of the Respondent -authorities, as disclosed in the affidavit of Respondent No. 2 filed on behalf of other Respondents also, is that the termination of the services of the Petitioner as House Surgeon is strictly legal and valid. Having heard the Learned Counsel for the parties at some length, I find that the stand of the Respondent -authorities must be repelled.;