IMPORTANT POINT
Candidates of in-service category cannot encroach upon the open category, so also vice-versa.

Judgment :-

K.S. RADHAKRISHNAN, J.

1. Leave granted.

2. The appellants, who have appeared in the Entrance Examination for Post-Graduate (Medical) Selection 2012, Odisha are challenging the validity of Clause 11.2 of the Prospectus for selection of candidates for Post-Graduate (Medical) Courses in the Government Medical Colleges of Odisha for the Academic Year, 2012, as violative of Article 14 of the Constitution of India.

3. The appellants appeared in the entrance examination as ‘direct candidates’ (Open Category) and have qualified purely on merit for admission to Post Graduate (Medical) Courses 2012 in the Government Medical Colleges in Odisha. The Prospectus issued for Post-Graduate (Medical) Selection, 2012, Odisha deals with the availability of the seats both in the category of direct as well as in-service. Clause 4 of the Prospectus gives the category-wise details of the seats for P.G. (Medical) Courses in three Government Medical Colleges in Odisha for the Academic Year 2012. For the category MD/MS Course, in-service category, 87 seats are available and for direct category, 86 seats are available, totaling 173 seats. Appellants, who fall under the category of direct candidates, as already indicated, are aggrieved by Clause 11.2 of the Prospectus which stipulates an additional weightage for candidates who are in employment of Government of Odisha/Government of Odisha undertaking / Government of India Public Undertaking located in Odisha and had worked in Rural/Tribal/Backward areas while applying through the category of direct candidates. Additional weightage of 10% of marks secured in the P.G. Entrance Examination per year of completion of service in -Rural/Tribal/Backward areas, subject to the maximum of 30% of marks secured in the entrance examination, in service to be given to those candidates who apply through direct category.

4. Appellants submit that the above clause is wholly arbitrary, discriminatory and goes contrary to the ratio laid down by this Court in State of M.P. & Ors. V. Gopal D. Tirthani & Ors. (2003) 7 SCC 83 and Dr. Snehelata Patnaik & Ors. V. State of Orissa & Ors. (1992) 2 SCC 26. Appellants have also prayed for quashing the Medical Council of India (in short ‘MCI’) Notification No. 51210 of 17.11.2009 providing weightage marks to in-service candidates applying through the direct category, which according to the appellants, is a clear encroachment and appropriation of seats earmarked for the direct category candidates which has to be filled up purely on merit, subject to rule of reservation. Appellants’ challenge was repelled by the learned single Judge of the Orissa High Court as well as the Division Bench. Hence, these appeals.

5. Shri Shyam Diwan, learned senior counsel appearing for the appellants submits that providing additional weightage marks to in-service candidates who had rendered service in - Rural/Tribal/Backward areas while considering their applications for admission through the direct candidate category amounts to making an artificial differentiation between a homogenous class i.e. direct candidates and in-service candidates. Learned senior counsel pointed out that on account of additional weightage benefit given to the doctors who have rendered less than five years of service in Rural/Tribal/Backward areas both in Government of Odisha or Public Sector Undertakings owned by the State Government, will be an advantageous position and that would amount to drawing an artificial differentiation between a homogeneous class i.e. direct candidates and in-service candidates and also within the in-service candidates, which action would be hit by Article 14 of the Constitution of India.

6. Learned senior counsel also pointed out that the same further amounts to providing horizontal reservation within the seats meant for in-service candidates. Learned senior counsel pointed out that the admission through direct candidates route be made purely on merit on the basis of the common entrance exam