CWP-4608/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. *** SB CIVIL WRIT PETITION NO.4608/2010 Hemant Kumar Kataria Versus. The State of Rajasthan and others. DATE OF ORDER : 06/04/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr. Rajneesh Gupta, for petitioner. Mr. Virendra Lodha, for respondent No.3 & 5. Instant writ petition basically has been filed by the petitioner, who belongs to OBC category, with the grievance that despite completing more than 2 years of service in desert/tribal/hilly area of the State as a Medical Officer, was not considered to participate against the seats reserved for in- service category for Pre-PG Medical Entrance Examination-2010 which has compelled him to approach this Court. The notices were issued but since the the examination was held by the respondents No. 3 and 5, who are the contesting respondents, the notices were served and represented by Mr. Virendra Lodha. Counsel for petitioner submits that since the other respondents are in no manner related to the dispute which has been raised in the instant writ petition and the contesting respondents are duly represented by Mr. Lodha, the matter may be disposed of at this stage. CWP-4608/2010 2 The petitioner initially joined services as Medical Officer on contract basis vide order dated 09/04/2008 under Chief Medical and Health Officer, Tonk in pursuance to which he joined on 21/04/2008, however, he worked upto 14/05/2008 and was appointed on contract basis by subsequent order dt. 06/05/2008 in District Sikar where, after resigning from Tonk, joined on 15/05/2008 under Chief Medical and Health Officer, Sikar. But, there is no break in service and he is continuously holding the post of Medical Officer and worked in the State Government under two difference offices i.e. Chief Medical & Health Officer, Tonk and Sikar and all such applicants, who had worked for more than two years in desert/tribal/hilly of the State of Rajasthan, on or before 30/04/2010, are eligible to appear against the seats reserved for in-service category and it is not in dispute that Pre-PG Medical Entrance Examination-2010 which is held for MD/MS/Diploma Course is one and same for non- service and in-service candidates. The only grievance of the petitioner is that despite completing two years of service as Medical Officer, he was not considered eligible to participate against in-service category on the premise that at one point of time he had resigned while working in District Tonk and CWP-4608/2010 3 conditionally joined in District Sikar and taking note thereof, it was considered to be a break in service. Counsel for respondents No. 3 and 5 has also placed before this Court one order dated 26/03/2010 in which it has been specified that since the petitioner resigned while working as Medical Officer in District Tonk, as such, there was break in service and, therefore, he had not completed more than two years of service as Medical Officer in District Sikar and hence, was not eligible. Sub-clause (3) of Cl.2(II) relating to Eligibility for Admission as enumerated in the Instructions Booklet for the Pre-PG Medical Entrance Examination-2010 provides as under:- “(3)should have completed for minimum period of THREE years of service in Rural area of the State of Rajasthan or TWO years of minimum service in Desert/tribal/Hilly area of the State [Rural areas are defined as a rural area where Rural Allowance is admissible to the doctors] on 30-4-2010. The candidates would be required to submit a certificate to above effect duly signed by the Director, Medical and health Services, Government of Rajasthan, Jaipur, failing which his/her application will not be considered.” CWP-4608/2010 4 In the opinion of this Court, the submission made on behalf of the respondents No. 3 and 5 is not sustainable for the reason that the object behind the provisions indicated is that those, who serve the State Government as Medical Officer for a period of 2/3 years, are made eligible to participate as in-service category and indisputably the petitioner had continuously worked as Medical Officer for more than two years upto the last cut-off date i.e. 30/04/2010 and so far as the resignation is concerned, it was an artificial break in service as he had initially joined service as Medical Officer in pursuance to order dated 09/04/2008 on 21/04/2008 and worked upto 14/05/2008 and by subsequent order dt. 06/05/2008 he joined on 15/05/2008 and indeed has served for two years which in no manner can deprive the petitioner from being participated against the seats reserved for in-service category. The decision of the respondents in denying him from participating as an in-service category candidate cannot be held to be justified. Accordingly, the writ petition is allowed. The respondents are directed to allow the petitioner to participate in the process of counselling which is going to be held in CWP-4608/2010 5 pursuance to the notification dt. 03/04/2010 on the basis of his merit against the seats reserved for in-service category prepared on the basis of Pre-PG Medical Entrance Examination-2010. No costs. [AJAY RASTOGI], J. Raghu/p.5/ 4608-CW-2010-final.doc