ORIGINAL JURISDICTION - Orissa High Court

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2010 ( I ) ILR-CUT- 339 M.M.DAS,J. DR.IPSITA MISHRA & ORS. -V- STATE & ORS., DR.SUSHANTA KU.SAHOO & ORS. -V- STATE & ORS, & DR.LEEZA MOHANTY & ORS. -V- STATE OF ORISSA & ORS.* NOVEMBER 6,2009. Admission – Petitioners completed MBBS Course – Selected to take admission in P.G. Medical Course as direct Candidates – Clause 20 of the prospectus for the year 2007 & 2008 prescribed for grant of P.G. Degree pass certificate to render two years post P.G. mandatory service as a condition for grant of P.G. Degree pass certificate – Object is to produce specialist doctors – Condition imposed under Clause 20 is under challenge. Distinction between Candidates admitted to P.G. (Medical) course under the State Quota and All India Quota – Candidates under All India Quota immediately obtain certificates to prosecute post P.G. speciality courses but Candidate admitted under State Quota have to wait for two years till they complete the post P.G. Mandatory service which amounts to treating equals as unequals – Held, action on the part of the State is arbitrary, unfair and violative of Article 14 of the Constitution which is liable to be quashed. (para 9& 10) Case laws Referred to :- 1.AIR 1974 SC 555 : (E.P.Royappa -V- State of Tamil Nadu). 2.AIR 1994 SC 2263 : ( Ghaziabad Development Authority -V-Delhi Auto & General Finance Pvt. Ltd. & Ors.). 3.AIR 1967 SC 1427 : ( S.G.Jaisinghani -V-Union of India & Ors.). For Petitioners - M/s.Ramakanta Mohanty, D.Mohanty, A.P.Bose, M.R.Dash, S.K.Mohanty, S.Mohanty, P.Jena, D.Pattanaik, S.N.Biswal & D.Vardhan. For Opp.Parties - Addl.Govt. Advocate. (For Opp.Parties 1 & 2) For Petitioners - M/s.G.A.R.Dora, Mrs. G.Rani Dora & J.K.Lenka. For Opp.Parties - Addl.Government Advocate (For Opp.Parties 1 & 2) Mr.R.C.Mohanty, (For O.P.No.3) For Petitioner - M/s.D.K.Dwibedi, G.M.Rath, S.S.Padhy & B.Guin. For Opp.Parties – M/s. Addl.Govt. Advocate (For O.Ps.1 & 2). *W.P.(C) NOS.8464 & 18001 OF 2008 & W.P.(C) NO.4965 OF 2009. In the matter of applications under Articles 226 & 227 of the Constitution of India. M.M. DAS, J. In all the aforesaid three writ petitions, the petitioners have sought for a direction for quashing Clause-20 of the prospectus published for 84
INDIAN LAW REPORTS, CUTTACK SERIES [2010] selection of candidates for Post Graduate (Medical) Course in the three Government Medical Colleges of the State for the year 2007. In W.P. (C) No. 18001 of 2008, along with the prospectus for the year 2007, Clause-20 of the prospectus for the year 2008 is also sought to be quashed. The petitioners in all the writ petitions after successfully completing their M.B.B.S. Course being selected to take admission as direct candidates to the P.G. (Medical) Course, are continuing in the said course as direct candidates and have already completed more than one and half years in the said course. They have challenged Clause - 20 of the prospectus, as stated above, for the years 2007 as well as 2008 on the ground that the conditions imposed therein with regard to grant of P.G. Degree pass certificate is arbitrary, unreasonable and discriminatory being violative of Article 14 of the Constitution. Clause – 20 of the prospectus of the years 2007 and 2008, which are identical, is quoted hereunder: - “20. POST P.G.MANDATORY POSTING OF CANDIDATES: 20.1. After successful completion of three year course and passing the examination in the concern subject the in-service candidates shall have to work for a period of two years in KBK/Tribal areas. Candidates who are not in the service (Direct candidate) will be posted on contractual basis depending on the vacancy available for a period of two years in KBK/Tribal areas. In case the required numbers of vacancies are not available in KBK/Tribal district, in-service candidates will be posted to KBK/Tribal areas on priority. The remaining candidates, i.e. surplus in-service as well as direct candidates if any will be posted to the rural areas of Non-KBK/Tribal districts. (Vide Resolution No. ME-II-IXM-155/2005-869 dated 12.1.2006). This will be considered as Post PG Mandatory Service or PPMS. 20.2. They will be allotted their place of posting with the concerned C.D.M.Os in accordance of the principles laid down by authorities. The candidates are to report to the concerned C.D.M.Os within 10 days after the publication of their result. 20.3. The candidates admitted to the non-clinical (Anatomy, Physiology and Biochemistry) and Para-clinical (Pharmacology) and FMT) disciplines must work for two year in the concerned disciplines in the Medical Colleges with consolidated salaries/regular pay at par with other clinical disciplines and the period will be treated equivalent to the two year post PG mandatory peripheral service or as decided by the Govt. from time to time. 85
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2010 ( I ) ILR-CUT- 271 I.M.QUDDUSI
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SK.IBRAHIM -V- STATE OF ORISSA [B.K
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2010 ( I ) ILR-CUT- 275 I.M.QUDDUSI
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MIRJA SIDDIK -V- STATE OF ORISSA ju
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23 DILIP KUMAR RAY -V- STATE OF ORI
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2010 ( I ) ILR-CUT- 285 B.P.DAS,J &
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NITYANANDA BEHERA -V- STATE [S.C.PA
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135 relationship of the appellant w
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137 Officer,Bangalore). 3.AIR 1996
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139 restored, only to avoid the ord
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2010 ( I ) ILR-CUT- 396 141 B.K.PAT
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143 4.12.1997. The vehicle was insu
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145 vehicle and insurance policy tr
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147 place from the date of sale whe
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149 deemed to have issued to the in
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151 6. On an analysis of Sections 9
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153 the policy purports to cover in
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2010 ( I ) ILR-CUT- 410 B.K.NAYAK,
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157 “….. The decision in the ca
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2010 ( I ) ILR-CUT- 414 S.K.MISHRA,
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161 the imposition of fine of Rs.50
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163 overtuous regarding sex. Theref
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165 6. The learned trial court, aft
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167 The Opposite parties 2 to 11 ar
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169 3. It is undisputed at this sta
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shall dispose of the application on
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ORIGINAL JURISDICTION - Orissa High Court

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