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2005 Supreme(Kar) 280

S.ABDUL NAZEER
T. PRATHAP – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
A.NARAYANA BHAT, B.MANOHAR, K.SUBBA RAO, N.K.RARNESH, P.S.RAJGOPAL, SUBBA RAO

S. ABDUL NAZEER, J.

( 1 ) THE petitioners in these cases have sought for a declaration that the service weightage of 4 marks for every completed one year of service on contract basis granted by the Government Order bearing No HFW 470 mps 2004, dated 18-1-2005 (Annexure-B to the writ petitions) by the clause reading "in case of service rendered as contract Doctors, the service weightage so admissible shall be 4 marks for every completed one year of service" is illegal and unconstitutional

( 2 ) THE brief facts of the case are as follows.- the petitioners are aspirants for admission to Post-graduate Medical and Dental and Diploma Courses for the academic year 2005-06. They are in-service candidates prescribed under the Rules governing admission. They have taken the Entrance Test as in-service candidates. The 1st petitioner though a Medical Officer in the services of the government of Karnataka has taken the test as an open category candidate since he does not fall within the definition of 'in-service candidate' prescribed under the Rules governing admissions. They are aggrieved by the impugned Government Order providing for a service weightage of 4 marks for every completed one year of
































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