Weightage for rural service or reaching the family planning target in the selection process for admission to the Postgraduate medical course was arbitrary, unreasonable, and violative of Art. 14 of the Constitution.

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 though he had applied for admission to the course, less meritorious students secured admission getting the advantage of weightage for rural service. In 1983 he was not granted a no objection certificate to secure admission to P. G. Course at the Bhaba Automic Research Centre. In November, 1983 he applied to the Government for permission to take admission to the P. G. Course in the Delhi University but no objection certificate was not granted. Had he been transferred to rural area in 1983, he would have got some weightage for rural service. The petitioner has contended that though he was more meritorious than others who were admitted with the weightage of rural service, he has been denied the opportunity. He had no control over his posting. He has asserted that even in 1985-86 candidates less meritorious than he secured admission with the advantage of weightage for rural service.

( 3 ) HE has averred that admission to medical course, especially to the P. G. Course and the super specialities should be on merit alone. No other consideration should outweigh the merit of a candidate. He has assailed the note under para. 10. 2. 2. of the prospectus as irrational and devoid of any nexus. It has been urged that certain area not included in any N. A. C. or Municipality are no less developed than the areas covered by certain N. A. Cs. and Municipalities.

( 4 ) IN the return the opposite parties have submitted that the weightage for service rendered in rural areas by in service doctors was being given on the basis of the recommendation of the Indian Medical Council. Doctors show reluctance to accept rural postings. Hence, the weightage is given by way of an incentive and for providing them an opportunity for serving in the rural area. It has further been averred that doctors who serve in rural areas exhibit greater dedication in the profession and, therefore, are more desirable. Weightage for reaching the target under the family welfare programme is given by way of an incentive to enable the in service doctors to reach the target.

( 5 ) DURING the course of hearing, we called upon the learned Additional Government Advocate to produce the records relating to admission to the P. G. Course. It appears from records that had not some candidates been given weightage for rural service, the petitioner who did not receive any weightage would have been selected. The question, therefore, is if the provision granting weightage for rural service is valid and constitutional.

( 6 ) THIS question fell for consideration before a Division Bench of this Court in Dr. Niranjan Pradhan v. State of Orissa, AIR 1982 Orissa 153. That related to admission to the P. G. Course for the session 1981-82. A candidate could secure maximum of weightage of 15 marks if he had rendered 5 years