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2013 Supreme(Kar) 628
KARNATAKA HIGH COURT
N. Kumar & V. Suri Appa Rao, JJ.
Sri Trived M. Setty since minor represented by Dr. M.A. Manohar and other – Petitioners
Versus
Employees' State Insurance Corporation, New Delhi and Others – Respondents
Writ Petition Nos. 38261, 38263, 41262, 41803, 41312 of 2013 (EDN-MED-ADM)
Decided On: 24.9.2013
Sriyuths Subramanya Jois, Senior Counsel appearing for Sri J. Prashanth, Zameer Pasha, Ashok Patil, for Petitioners.
Sriyuths Madhusudhan R. Naik, Senior Counsel appearing for Smt. M.P. Geetha Devi, M/s. R. Kothwal and Associates, D. Vijay Kumar, Additional Government Advocate, Zulfikir Kumar Shafi, N.K. Ramesh, for Respondents.
Headnote:EDUCATION - Admission to M.B.B.S., Course: [N.Kumar & V.Suri Appa Rao, JJ] Admission of Wards of Insured Persons (IPs) in U.G. Course (MBBS) in ESIC Medical Colleges for Academic Session 2013-2014 - Admission Policy and Procedure approved by Central Government - Petitioners were the children of Doctors employed in ESI Corporation completed Pre-University Course, appeared for the National Eligibility-cum-Entrance Test Under Graduate 2013 - Grievance of the petitioners that no reservation is provided for the wards of staff working in ESIC and sought reservation of 5% - Held, In so far as Section 59-B is concerned, the language employed in the said section is clear. The benefit is extended to the employees of the para-medical staff and the employees of the Corporation who are already working as para-medical staff or as Doctors. In order to enhance the quality of services, the medical colleges, nursing colleges and training institutes were established for providing higher and better education to such employees in service. In the said provision there is no mention that the wards of the employees also would be entitled to such benefit. If we have to uphold the case of the petitioners, we have to add those words into the said section, which is not permissible, as it amounts to legislation by the Court. In that view of the matter, the contention of the petitioners that they are entitled to the benefit of the said reservation and direction to be issued to the authorities in this regard cannot be countenanced. Writ petitions dismissed. Consequent to the interim order passed, if admission are made and amounts are taken for such admission, the said amount shall be refunded forthwith to those students.
N. Kumar, J.
1. In all these writ petitions, the petitioners are seeking a writ of certiorari for quashing the Admission Notice issued by the 1st respondent - Employees' State Insurance Corporation dated 18.08.2013 published in the Hindu Newspaper inviting applications for Admission of Wards of Insured persons (IPS) in UG Course (MBBS) in ESIC Medical Colleges for Academic Session 2013- 2014.
2. All the petitioners have completed Pre-University Education. They appeared for the National Eligibility-cum-Entrance Test Under Graduate 2013. The petitioners in W.P. Nos. 38261-38263 of 2013 are all children of Doctors who are employed in the ESI Corporation. The father of the petitioners in W.P. Nos. 41803 of 2013 and 41312 of 2013 are the Employees of ESI Corporation. By the impugned Admission Notice, the Employees State Insurance Corporation (for short hereinafter referred to as 'ESI') invited applications from Wards of insured persons (IPS) under ESIC Scheme for admission to Under Graduate Course (MBBS) in ESIC Medical Colleges under ESIC Management Quota for academic sessions 2013-14 as per Admission Policy and Procedure approved by the Central Government. Candidates who have been declared successful in NEET 2013 are eligible to apply. It is stated that the Provisional List of eligible candidates called for Councelling will be published in the ESIC Website. ESIC shall conduct centralized Councelling for Admission to Under Graduate Course, (MBBS) in New Delhi for its Medical Colleges located in the States of West Bengal, Tamil Nadu and Karnataka for ESIC Management Quota seats. A tentative calendar of events was also published.
3. The grievance of these petitioners is that no reservation has been provided in the said notification to the wards of the staff working in ESIC-ESIS. Therefore, they wanted a writ of mandamus to be issued to the respondents to provide reservation of 5% for the wards of staff working in the Employees' State Insurance Corporation - ESIC. It is stated that under the ESI Act, ESIC provides comprehensive health care to all insured persons and their family as one of the insurance related benefit. To administer this comprehensive medical care there is huge infrastructure comprising 144 hospitals including arrangements with other institutions for provision of Super-Speciality Care. A need was felt to upgrade the Medical facilities in ESI Medical Institution all over the country so as to improve the service, provide best medical care and to have in house super-specialty services. With this objective of improving the quality of care provision, need was felt to constantly improve the medical competencies of its human resources. As a first step in realisation of this vision, ESIC decided to set up ESI Post Graduate Institute for Medical Sciences and Research (ESI-PGIMSR) at their Hospitals at Rajajinagar, Bangalore, KK Nagar, Chennai, Andheri (E), Mumbai, MGM Patel, Mumbai, Basaidarapur in the initial phase. This initiative marks the beginning of its venture in the field of Medical Education with the setting up of Medical Colleges, Dental Colleges and Nursing Schools all over India. Accordingly the colleges at West Bengal, Karnataka and Tamil Nadu i.e. respondent colleges were started. In order to improve the quality of Medical care being provided to the beneficiaries of the ESI Scheme and to overcome the shortage of Medical Staff and other Medical Specialists, the ESI Corporation decided to enter into the field of medical education. After the establishment of new medical colleges and after the approval given by the Government of India, the Government of India by the letter issued by the Ministry of Labour and Employment dated 29.01.2010 communicated to the Director General of ESIC regarding the procedure for admission in ESI Post Graduate Institute of Medical Sciences. According to the admission policy, any Medical College in respect of colleges opened by the ESI Corporation for Under Graduates and BDS Course,
