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1987 Supreme(Ori) 196

R.C.PATNAIK, D.P.MOHAPATRA, LINGARAJA RATH
SALIL KUMAR – Appellant
Versus
STATE – Respondent


Advocates Appeared:
C.A.RAO, C.M.K.MURTY, C.V.MURTHY, R.K.Patra

R. C. PATNAIK, J.

( 1 ) THE petitioner who was a candidate for admission to the Postgraduate medical course during the session 1985-86 has filed this writ application for a declaration that para. 10. 2. 2. of the Prospectus was violative of Art. 14 of the Constitution and for a mandamus directing the opposite parties to consider his case for admission on the basis of merit.

( 2 ) THE petitioner passed the M. B. B. S. examination from V. S. S. Medical College; Burla in October, 1976. He completed the compulsory rotating housemanship in 1977 and the Resident Housemanship during 1977-78 and was appointed as an Assistant Surgeon in the Sub-divisional hospital at Boudh in the district of Phulbani where he served till 14-9-84. With effect from 15-9-84 he served as a Demonstrator in Anatomy in the S. C. B. Medical College, Cuttack. In 1981, he applied for admission to the P. G. Course in obstetrics and Gynaecology but he could not secure admission due to fortuitous circumstances. In 1983 he moved the Government for transfer to a rural area so that he could have the advantage of rural service for the purpose of admission to P. G. Course but his request was turned down. In the year 1983 t













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