MISRA, J. - (1.) THE petitioners-herein are Medical Officers who had been appointed on urgent temporary basis on consolidated salary of Rs. 8,000/- per month by order dated 24. 03. 1999 and order dated 12. 11. 1999. THEreafter, although they were absorbed in the regular pay scale of Rs. 8000-13500, they were still treated as Medical Officers on urgent temporary basis. THE petitioners thereafter took the selection test for the Post Graduate Medical Admission MD/ms Course 2002 and have secured the marks which are lower than the other general candidates. However, they have claimed admission on the ground that the inservice doctors are entitled to a certain percentage of seats by way of reservation ear-marked for the inservice candidates.
(2.) A controversy had arisen earlier in this regard as to whether the doctors who are already serving in the State for more than three years should be granted reservation or not for admission into the Post Graduate Medical Admission of MD/ms. Course and whether they could be treated as reserved category candidates for admission. The Judgment & Order of the High Court went in favour of the inservice doctors who were held entitled to certain percentage of reservation in allotment of seats and were ordered to be kept on par to the other reserved candidates like the SC/st provided they secured at least 40% marks in the admission test. This is the judgment of the Full Bench of this Court delivered in (Dr. Ajay Srivastava vs. State of Rajasthan and Ors.) decided on 5th February 2003. The petitioners on the basis of this judgment also claimed that they should be granted the seats in the reserved category earmarked for the in-service candidate on the basis of the marks secured by them. The respondent-State took an objection that although the in- service Doctors are entitled to be admitted, only those Medical Officers in the State of Rajasthan who are in the regular scale of pay, would be entitled to the reserved seats earmarked for the in-service candidates and the petitioner who have initially worked on a consolidated salary for one year and thereafter for two years in the regular scale of pay would not be entitled for a seat in the served quota for the in-service doctors. A similar controversy arose in the matter Dr. Mohan Lal Sharma and Anr. vs. State of Rajasthan (2) and the learned Single Judge was pleased to hold that a distinction in between the doctors who are working on a consolidated salary and those who were working in the regular scale of pay cannot be made and they would all be treated in the category of in-service doctors and hence would be entitled for admission in the served category earmarked for the in-service doctors in order of their position on the merit list. Having heard learned counsel for the parties, I do not feel that there is any reason to take a different view of the matter specially in the case of the petitioners Dr. Shiv Shankar Mangal and Dr. Manoj Kumar who have already discharged their duties as Medical Officer and have been placed in the regular scale of pay, hence the objection on the part of the respondent State that they cannot be treated as in-service doctor so as to claim the benefit of reservation for the in-service doctors cannot be denied to them. The petitioner prima facie are fit to be treated as in- service doctors who have already discharged three years service in the State and hence it is considered just and appropriate to direct the respondents to permit the petitioners to participate in the counselling for admission into the PG/md/ms Course as per the percentage of marks obtained by them. It is implied that if the petitioners qualify for a seat as per their percentage of marks obtained by them in the competitive test, they will be allowed admission into the Course and the subject to which they are found eligible. In so far as the petitioner Dr. Naresh Kumar Singhal and Dr. Gopal Sharma bearing SBCW P. No. 7767/02 and 1983/03 are concerned, although they have not been appointed in the regular scale of pay, they have been working as Medical Officers on consolidated salary on the basis of which the respondents have taken an objection that they cannot be treated as in service doctors. Prima facie in view of the judgment and order referred hereinafter, this objection do not appear to be sustainable and hence they are also directed to participate in the counselling held for the purpose of admission into the PG/md/ms Course 2002 and it is directed that they also be allowed to participate in the counselling as per the percentage of marks obtained by them in the subject to which they are entitled as per their merit. All the applications in view of the aforesaid directions, stand disposed of. . ;