Legitimate expectation and the conduct of the competent authority can entitle individuals to certain benefits, even if not meeting specific legal requirements.

Bharati H. Dangre, J.

1. Rule. Rule is made returnable forthwith and heard finally by consent of the parties.

2. The present writ petition, filed by six medical officers, seek directions to the Respondents to admit the petitioners to the DHS CPS Courses 2017 and issue orders of deputation to the petitioners so as to enable them to join in the selected institutes, after treating them as “in service” quota candidates for the DHS CPS Course.

3. The Petitioners before us are working as Medical Officers with the Public Health Department of the State of Maharashtra, on completion of their MBBS course. The appointments of Petitioner Nos. 1, 2, 4 and 5 as medical officers (permanent basis) in various hospitals run by the Respondent No.1 are of the year 2014; whereas the Petitioner Nos. 3 and 6 have been appointed in the year 2015 and 2016 respectively. The State of Maharashtra with the purpose of encouraging specialized health services has reserved certain number of seats for the PG Diploma Course in favour of such ‘in service candidates’ and the Medical Council of India has also prescribed certain percentage of reservation for such in service candidates. The State Government through Public Health Department on 17.07.2015 issued a Government Resolution, thereby granting permission for running diploma courses from the year 2015-16 in the hospitals run by the public health department, for conducting diploma courses run by college of physician and surgeon (CPS) Society. It recognized total 8 diplomas to be conducted through the hospitals run by the public health department. The Government Resolution requires strict compliance of the norms prescribed by the college of physician and surgeon and the government resolution also stipulated that the medical officers, obtaining diploma through the said course, would serve the public health department for five years, as bounded candidates. It is pertinent to note that the said government resolution was issued in view of the fact that various posts of specialized doctors are lying vacant in the hospitals run by the public health department. The medical education department is making available 80 to 90 seats for the diploma courses run by them for in service candidates. However, taking into consideration the available vacancies of the doctors, the said quota was not adequate and therefore, permission was granted to conduct the diploma course through the hospitals run by the public health department through CPS.

4. For the year 2017-18 the public health department through the Director of Health Services issued Information Bulletin for admission to DHS Post Graduate Diploma Courses. The said information Boucher was made available on official website of the public health department from 17th May, 2017. According to the said brochure, the NEET PG 2017 examination was required to be passed by the candidates applying for in service quota seats. The brochure contains following clauses which are relevant for adjudication of the present matter:

“3. In-service NEET PG 2017 qualifying candidates who are eligible as per the current existing government norms need to apply for in-service quota of DHS CPS PG Diploma Courses 2017 admission process.

4. The in-service NEET PG 2017 qualifying candidates who are eligible as per the GoM GR .. dated 3rd May 2011, shall apply for 40% in-service quota.

5. The in-service NEET PG 2017 qualifying candidates who are regular/permanent government employees but have less than 3 years of continuous government service shall also apply for 40% in-service quota of DHS PG Diploma 2017 admissions subject to future government decisions in this regard.

10. A separate merit list for in-service and private candidates will be prepared and displayed based on NEET PG 2017 score.

11. The CPS PG Diploma Courses approved by the DHS are recognized by Maharashtra Medical Council.”

4.8. In service candidates:

4.8.1. For in-service candidates eligibility criteria will be as per the criteria fixed by