The judgment establishes the principle that the qualifications and exemptions for Resident Doctors should be applied uniformly and without discrimination, and court orders must be faithfully implemented.

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 Graduation."

The qualification for selection of Resident Doctors in Government Medical Colleges has also been altered vide notification, dated 20.06.2012 as under:

"Recognized Post Graduate (MD/MS &MDS) or DNB in the concerned specialty from a University recognized by the MCI/DCI falling which the PG Diploma in the concerned speciality recognized by the MCI/DCI. For Non-Clinical Subjects recognized Diploma in the concerned subject, Ph. d and M.Sc from the recognized University."

3. THE addendum, dated 4th February, 2012 was challenged by Dr. Babu Ram Thakur and others by filing CWP No. 4665 and analogous CWPs. No. 4671 and 4704 of 2012. The validity of this addendum was up-held by this Court. A further addendum was issued by the respondent-State on 26.09.2012, whereby Clause 5.2.2 has been substituted as under:

"5.2.2 The GDO category shall include the doctors appointed on regular or contract basis by the Government of Himachal Pradesh. Provided that the only those GDO's whether appointed on regular or on contract basis, shall be eligible for selection as Senior Resident 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 Graduation. Provided further that this provision shall not apply to the specialties of 1. Anatomy 2. Physiology 3. Pharmacology 4. Pathology 5. Microbiology and 6 Biochemistry."

4. IT is evident from the addendum that the specialties of Anatomy, Physiology, Pharmacology, Pathology, Microbiology and Biochemistry have been exempted. The respondent (State) has issued an advertisement for appointment of Senior Resident through walk-in-interview vide Annexure P-10. The last date of receipt of the application was 14th December, 2012. The walk-in- interview was scheduled for 15.12.2012. Two seats were distributed for the specialty of Radiotherapy. Petitioner submitted his application for considering his candidature for the same.

The approval was granted by the State Government for granting exemption in Clause 5.2.2 of the policy for selection of Sr. Residents in favour of Dr. Amit Bhoil vide letter, dated 03.10.2012. The reason assigned in Annexure P-12, dated 03.10.2012, is that the services of Dr. Amit Bhoil could not be used in peripheral institutions being his specialization in Nuclear Medicine. Since the petitioner was not called for interview, he approached this Court by filing the present petition. This Court passed the interim order on 11.12.2012, permitting the petitioner to be interviewed on 15.12.2012. The result, as directed by this Court, was produced by the learned Deputy Advocate General on 08.01.2013.

5. PETITIONER has also filed an application bearing CMP No. 16462 of 2012, placing on record copy of notification, whereby Dr. Ku