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2013 Supreme(Ori) 170

C.NAGAPPAN, I.MAHANTY
Himansu Sekhar Sahoo – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For Petitioners:M/s.R.K.Rath, Sr. Advocate S.K.Das & S.K.Mishra (in W.P.(C) No.12740 of 2013)
M/s. G.A.R.Dora, Sr. Advocate G.Rani Dora, J.K.Lenka & P.K.Behera (in W.P.(C) No.12739 of 2013)
M/s. J.Patnaik, Sr. Advocate B.Mohanty, P.K.Pattnaik, S.Pattnaik, A.Pattnaik, R.P.Roy, B.S.Rajguru (in W.P.(C) No.12826 of 2013)
Mr. Bhojaraj Seth (in W.P.(C) No.12809 of 2013)
M/s. Dillip Kumar Mohapatra, A.Sahoo & N.Nayak (in W.P.(C) No.13560 of 2013) M/s.
Sanjit Mohanty, Sr. Advocate U.K.Sahoo & S.C.Samantaray (in W.P.(C) No.13161 of 2013)
M/s. Umesh Ch. Patnaik, A.Mishra & S.Patnaik (in W.P.(C) No.16015 of 2013)
M/s. Avijit Mishra, S.Patnaik & S.Soren. (in W.P.(C) No.16016 of 2013)
For Opp. Party No.1 :Mr.R.K.Mohapatra, Govt. Advocate
For D.M.E.T. & M.C.I. : Mr.R.C.Mohanty
For Intervenors :Mr. S.K.Padhi, Sr. Advocate & Mr. S.P.Mishra, Sr. Advocate.

JUDGMENT

C. Nagappan, C.J. - In this batch of writ petitions, the petitioners herein are the Doctors who have served under the State Government for more than “five years” and they seek to challenge the guidelines framed by the State Government for allotment of candidates for Post Graduate (Medical) Course, 2013 in Odisha, communicated under cover of letter dated 27.5.2013 and further seek to challenge the decision of the State Government to treat the Doctors who have served for “three years” under the “in-service category” for admission into Post Graduate (Medical) Course in the academic year 2013-14.

2. Learned counsel for the petitioners submits that the petitioners after completing of their M.B.B.S. degree registered themselves under the Orissa Medical Council as registered doctors and after they were selected by the Orissa Public Service Commission (OPSC) were appointed as Asst. Surgeons under the service of the State and have all completed five or more years of service under the State. It is stated on behalf of the petitioners that in exercise of the power under Section 33 of the Indian Medical Council Act, 1956, the Medical Counsel of India passed a regulation called “Post Gra










































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