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2016 Supreme(Ori) 116

I.MAHANTY, D.P.CHOUDHURY
Satyabrata Kanungo – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Appellant : M/s. Jaganath Patnaik, B.Mohanty, T.K. Patnaik, S. Patnaik, A. Patnaik, R.P. Roy & B.S. Rayaguru
For the Opp. Parties :Mr. Jyoti Pattnaik, Additional Government Advocate, Mr. R.C. Mohanty, K.C. Swain & S. Pattnaik

JUDGMENT :

D.P. Choudhury, J.

Challenge is made to Clauses I (6) & F (5) enshrined under the Guidelines for counseling and admission of candidates for Post Graduate (Medical) courses in the Medical Colleges of Odisha for the academic sessions 2014-2015 and 2015-2016, respectively (hereinafter called Guideline 2014-2015 and Guideline 2015-2016), as the same are ultra vires to Articles 14 and 16 of the Constitution of India by debarring the petitioner to be considered for selection in the next three academic sessions of P.G. course as well as ineligible to participate for P.G. (Medical) counseling.

FACTS

2. The unshorn details of the case of the petitioner is that the petitioner is a doctor by profession having completed MBBS from V.S.S. Medical College, Burla in the year 2006. Thereafter the petitioner joined at P.H.C. (N), Kodabhata, Jharigaon Block, Nabarangpur as Medical Officer and worked till 31.3.2015 having duration of service for 1862 days.

3. While the matter stood thus, the petitioner applied for P.G. Medical Entrance Examination (as an in-service candidate) for the period from 2014-2015 and he got selected in fourth counseling in the subject Radiotherapy. He took admission on






































































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