ORIGINAL JURISDICTION - Orissa High Court

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DR. IPSITA MISHRA -V- STATE OF ORISSA [M.M.DAS,J.] 20.4. The Direct candidates not in service will be appointed on contractual basis for two years and will be paid consolidated pay as will be decided by the Government. The period of their service shall not in any way count towards seniority and other service benefits later. For Direct Candidates already in Government service as well as in-service candidates, the two-year mandatory service in identified areas will be counted as part of their regular service. 20.5. The candidate who has not joined the Two-years PPMS or discontinued before completion of two years PPMS shall not be eligible for getting PG Degree pass certificate either Provisional or Original or CLC/Conduct Certificates from the concern College or University. In addition to that the direct candidate who has not joined or discontinued after joining PPMS is liable to refund the entire pay/consolidated pay received by him/her during the PG course. 20.6 Provision of Post PG mandatory service will not apply to the candidates who are admitted under the All India quota. 20.7. On completion of two-years PPMS, the candidates will obtain certificate from the C.D.M.Os/Head of Department of Medical Colleges indicating that they have rendered uninterrupted service for the period indicating that they have not availed any kind of leave other than CL (15 days at the maximum) and Earned Leave (30 days at the maximum). In case the period of earned leave exceed 60 days during two years of PPMS, the term of mandatory service shall be extended co-terminus with the leave availed for the period beyond 60 days. 20.8. The Principals of Medical Colleges will not issue CLC , conduct Certificate and will also write to the concerned University to withhold his/her result until candidates complete the two year PPMS”. 2. Mr. Dora, learned counsel appearing for the petitioners in W.P. (C) No. 18001 of 2008 as well as Mr. R.K. Mohanty, learned counsel appearing for the petitioners in W.P. (C) No. 8464 of 2008 contended that the conditions imposed in the prospectus with regard to rendering of two years Post P.G. Mandatory Service as a condition precedent for grant of P.G. Degree Pass Certificate suffers from the vice of discrimination and arbitrariness for violating of the constitutional mandate enshrined in Article 14 of the Constitution, inasmuch as , the said action of the State Government is a surrogate method of imposing forced labour which is otherwise not permissible in a democratic constitutional set up. It was further contended on behalf of the petitioners that the stipulations with regard to Post P.G. Mandatory Service have no nexus with the aims and objectives sought to be 86
INDIAN LAW REPORTS, CUTTACK SERIES [2010] achieved and if such a rider is imposed by the State Government in ensuring two years Post P.G. Mandatory service in either backward districts or rural areas in return of imparting P.G. Education, such restriction will act as a deterrent to the object sought to be achieved , i.e., to produce Specialists doctor in the State by imparting P.G. (Medical) Course, as the candidates may avoid to take admission to P.G. (Medical) Course on that ground. It was further contended that a condition cannot be imposed in a prospectus laying down the principles to be adopted for giving admission to a particular course that if an act is not performed by the successful candidates, who are given admission to such course after completion of such course, their degree will be withheld. 3. Mr. Dora, learned counsel further contended that since degrees are awarded by the University, any candidate successfully completing any course cannot be deprived from getting such degree from the University at the behest of the State. 4. Though no counter affidavit has been filed by the State, to the writ petitions, traversing the grounds set forth by the petitioners, nevertheless, learned counsel for the State, during hearing, contended that since there are dearth of Specialists Doctors, whose services are necessary in the “backward districts of the State and the rural areas”, such a condition has been imposed for ensuring that Special medical services are made available to the residents/inhabitants of such backward districts and rural areas. Therefore, learned counsel for the State submits that the objective being to provide such medical service to the people of the State, who are being deprived from the service of Specialists Doctor, no fault can be found with the condition imposed in Clause -20 of the prospectus for the years 2007 and 2008. According to him, no discrimination whatsoever can be attributed to the action of the State for imposing the condition as has been done in Clause – 20 of the prospectus. 5. It would be appropriate to quote the eligibility criteria fixed in the prospectus for the All India Entrance Test to take admission to P.G. (Medical) Course and such criteria given in the impugned prospectus meant for the State candidates. It would be further appropriate to state here that 50% of the seats for the P.G. (Medical) Course in the three Government Medical Colleges of the State are meant for State quota candidates and the rest 50% of the seats are meant for All India Quota. The relevant clause – 4 of the eligibility criteria in the prospectus for All India Entrance Examination for MD/M.S/PG Diploma and MDS Courses, 2007 is as follows:- “4. ELIGIBILITY CRITERIA. (a) The candidate must be an Indian National. (b) A candidate, who holds M.B.B.S. degree from a recognized medical college (Appendix-III)or a foreign medical degree included in the 87
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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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2010 ( I ) ILR-CUT- 289 B.P.DAS,J &
Page 21 and 22: ANUPAMA BEHERA -V- D.M., LIC OF IND
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Page 25 and 26: 39 13. In the case of P. J. Chacko
Page 27 and 28: 2010 ( I ) ILR-CUT- 297 L.MOHAPATRA
Page 29 and 30: 43 Court in the case of M/s. Thunga
Page 31 and 32: 45 and (c) on account of some mista
Page 33 and 34: “ The High Court held that the re
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Page 37 and 38: The copy of the Station Diary dt.24
Page 39 and 40: 53 accordingly, investigation was t
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Page 45 and 46: comparative statement showing perfo
Page 47 and 48: 61 construed according to the plain
Page 49 and 50: 63 11. This Court in Sahadeb Pattna
Page 51 and 52: ules and regulations h) Ability to
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Page 63 and 64: 2010 ( I ) ILR-CUT- 332 PRADIP MOHA
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Page 85 and 86: 2010 ( I ) ILR-CUT- 354 R.N.BISWAL,
Page 87 and 88: 101 cargo, which was unfit for ship
Page 89 and 90: 103 This Section stipulates that ap
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Page 93 and 94: 107 further, in the meantime also t
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Page 97 and 98: 111 learned Subordinate Judge on th
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Page 105 and 106: 119 Rs. 71,74,451/- for repair of t
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Page 111 and 112: 125 offending truck. The further ca
Page 113 and 114: 2010 ( I ) ILR-CUT- 382 B.P.RAY,J.
Page 115 and 116: 129 to any person, or to consent th
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Page 119 and 120: 133 testimony of the victim in a ca
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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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