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2013 Supreme(HP) 200

R.B.MISRA, RAJIV SHARMA
MUKESH SHARMA – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
JYOTSNA REWAL DUA, SHRAWAN DOGRA, M.A.KHAN, VIKRAM THAKUR

JUDGMENT

RAJIV SHARMA, J. -

1. RESPONDENT (State) framed a policy for Resident Doctors in the Medical Colleges of the State vide notification, dated 4th January, 2012. There are two categories of Resident Doctors in the Government Medical Colleges of the State, i.e., Senior Residents and Junior Residents. The following essential qualification/eligibility has been prescribed for filling up the posts of Senior Residents/Junior Residents as per notification, dated 4th January, 2012:

"5.1 Essential Qualification(s)/Eligibility: Post Graduate Degree (MD/MS) or DNB recognized by the MCI in the concerned speciality."

2. THE method of recruitment is stipulated under Clause 5.2. According to Clause 5.2.2, the GDO category shall include the doctors appointed on regular or contract basis by the Government of Himachal Pradesh. The addition has been made to Clause 5.2.2 vide notification, dated 4th February, 2012:

"Provided that only those GDO's, whether appointed on regular or on contract basis, shall be eligible for selection as Sr. Residents who have served in the peripheral health institutions of the State of Himachal Pradesh for a period of at least two years after completion of their Post Gr























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