G.R. Punia, Sr. Advocate and Additional Advocate General, assisted by Yashpal Khileree, for Respondents

Hon'ble MATHUR, J.—The Rajasthan University of Health Sciences, Jaipur conducted Pre-P.G. Medical Entrance Examination – 2011 for admission to M.D./M.S./Diploma Courses in medical colleges of Rajasthan. Out of the total seats available, 50% seats in the courses referred above were to be filled in as per the allocation made by the Director General of Health Services, Government of India, New Delhi, on the basis of the result of All India Competitive Entrance Examination for Post Graduate Courses on open merit and the remaining 50% of the total seats were to be filled in on the basis of the merit in Pre P.G. Medical Entrance Examination. In the seats available, a further allocation is prescribed for the persons who are in employment of the State of Rajasthan and eligibility for such candidates is as under:-

“(A) Applicable to In-service Category :-

Candidates seeking admission to M.D./M.S./Diploma Courses should be in service of State Government of Rajasthan and below the age of 45 years as on 30.04.2011 and should have :

(1) Obtained MBBS qualification from Medical College recognized by MCI.

(2) Completed satisfactorily one year's compulsory rotating internship.

(3) Obtained registration from Rajasthan Medical Council. (Provisional or Permanent). The candidates registered with other Medical Council are required to submit RMC certificate at the time of Counselling.

(4) Secured at least 50% marks (40% in case of natural born SC/ST/OBC/SBC and 45% in case of locomotor disable candidates) in the Pre-P.G. Medical Entrance Examination 2011.

(5) Completed at least THREE years of Govt. service in Rural areas of the State of Rajasthan or TWO years of continuous service of Rural areas of Desert/Hilly or scheduled area of the State (Rural areas are defined as a rural area where Rural Allowance is admissible to the doctors) on 30.4.2011.

The candidates would be required to submit a certificate (Format enclosed with the form) 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.”

2. The petitioners faced the process of selection and were admitted to Post Graduation courses against the seats allocated to in-service candidates. While getting admission in the course concerned, the petitioners submitted a surety bond for an amount of Rs.5 lacs with an undertaking to get the same recovered in the event of leaving the course before its completion. A personal bond was also furnished by the petitioners for serving the State Government for at least 10 years after completion of the Post Graduation course and to pay a sum of Rs.10 lacs in the event of leaving the service prior to the period aforesaid by availing voluntary retirement or resignation or otherwise.

3. The petitioners, who are in employment of the State of Rajasthan as “Medical Officer”, on admission to the Post Graduation course, were relieved from their place of posting and were attached to the hospital associated with the medical college concerned. The petitioners and the persons alike, though continue with the designation of “Medical Officer”, are commonly called as “Resident Doctors”. The Resident Doctors are supposed to be on duty for 24 hours a day and are required to discharge the duties of treating doctors with the unit of medical specialty. In general, it can be said that a Resident Doctor is a person who is having a Graduation level medical degree and to have Post Graduation degree in some medical specialty, he practices under the supervision of senior and experienced physicians/surgeons in a teaching hospital. The persons admitted to Post Graduation course being in-service candidates discharge all duties of Resident Doctors in addition to the same medical duties discharged by them prior to admission in the course concerned. Suffice to mention here that the persons admitted in P

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