A division bench of the MP high court dismissed a bunch of petitions filed by medical officers, tutors and demonstrators of government medical colleges of the state challenging the legality of admission rules to PG courses that mandates them to obtain study leave certificate, NOC to get benefit as an in-service candidate.
The petitioners challenged rules 14 (7) and 12 (1) (vi) of the admission to medical colleges rules. Rule 14 (7) mandates them to obtain the said study leave certificate and a NOC.
They contended that these rules applicable to only doctors of the medical education department are discriminatory as they don’t apply to doctors of the state health and family planning department, and they won’t be able to get the benefit of in-service candidate in the admission process. There is a provision of 30 per cent reservation for in-service candidates in the admission to postgraduate medical courses in the state.
The division bench of Chief Justice R V Malimath and Justice Vishal Mishra, however, dismissed the petitions holding that there is no parity between doctors of the medical education and health department as their nature of job, place of posting, employer and services rules are different.
Besides, they were aware of the provisions in admission rules when they joined the service and they can still appear in the counselling for admission into PG courses . The judges said “There are two classes of Medical Officers working under the State of Madhya Pradesh, one under the department of public health and family welfare who are mostly working in the rural areas and some in the district hospitals in non-rural areas and they deal with in and out patients and the others like demonstrators, tutors and medical officers appointed under directorate of medical education by government autonomous medical colleges are engaged in teaching work.
They further said that the counsel for the petitioners could not bring on record and failed to demonstrate or point out any rule or regulation to say that the doctors like demonstrators, tutors, medical officers who are rendering their services under the directorate.