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IN THE HIGH COURT OF ORISSA, CUTTACK
B.R. Sarangi, J.
Dr. Manamohan Biswal - Appellant
Versus
State Of Odisha & Ors. - Respondents
W. P. (C) No. 17194 of 2021
Decided On : 25-11-2021
Special Training - Assistant Professor, Clinical Haematology - Odisha Medical Education Service Rules, 2013 - [Para-4(b) of the advertisement] - The petitioner, an Assistant Professor, sought to quash the rejection of his candidature for the post of Assistant Professor (Super Specialty) in the discipline of Clinical Haematology. The court considered whether the petitioner had acquired two years of special training in Clinical Haematology from an institute recognized by the MCI, making him eligible to participate in the selection process. The court found that the petitioner satisfied the requirement of 2 years of special training experience and that the rejection of his application was arbitrary and unreasonable. The court directed the opposite party to recommend the petitioner for appointment as Assistant Professor in the Department of Clinical Haematology.
Fact of the Case:
The petitioner, an Assistant Professor, sought to quash the rejection of his candidature for the post of Assistant Professor (Super Specialty) in the discipline of Clinical Haematology. The petitioner had acquired MBBS qualification from SCB Medical College & Hospital, Cuttack in 2005 and a Post Graduate Degree in Pathology in 2016. He had gained special training in Clinical Haematology and applied for the post, but his candidature was rejected on the grounds of not having the required qualification.
Finding of the Court:
The court found that the petitioner had satisfied the requirement of 2 years of special training experience in Clinical Haematology and that the rejection of his application was arbitrary and unreasonable. The court directed the opposite party to recommend the petitioner for appointment as Assistant Professor in the Department of Clinical Haematology.
Issues: The main issue was whether the petitioner had acquired two years of special training in Clinical Haematology from an institute recognized by the MCI, making him eligible to participate in the selection process for the post of Assistant Professor.
Ratio Decidendi: The court held that the petitioner had satisfied the requirement of 2 years of special training experience in Clinical Haematology and that the rejection of his application was arbitrary and unreasonable. The court directed the opposite party to recommend the petitioner for appointment as Assistant Professor in the Department of Clinical Haematology.
Final Decision: The court allowed the writ petition and directed the opposite party to recommend the petitioner for appointment as Assistant Professor in the Department of Clinical Haematology.
JUDGMENT
Dr. B.R. Sarangi, J. - The petitioner, who is functioning as Assistant Professor, Department of Clinical Haematology on deputation basis at SCB Medical College & Hospital, Cuttack, has filed this writ petition to quash e-notification No.2832/PSC dated 28.04.2021 under Annexure-9 pertaining to Roll No.100102 & Registration ID No.111819250955 rejecting his candidature and to direct opposite party no.5 to consider his candidature so as to declare him as duly selected candidate for the post of Assistant Professor (Super Specialty) in the discipline of Clinical Haematology as per the advertisement no.11 of 2018-19 and recommend his candidature as a selected candidate to the State Govt., Health & Family Welfare Department-opposite party no.1 for his consequential appointment along with all service benefits at par with similarly situated persons in other discipline & department, who have been selected and appointed in their respective posts.
2. The factual matrix of the case, in brief, is that the petitioner acquired MBBS qualification from SCB Medical College & Hospital, Cuttack in the year 2005 and thereafter Post Graduate Degree in Pathology in the year 2016. While he was working as LTRMO (Leave Transfer Relieve Medical Officer) in the District Headquarter Hospital, Jajpur, he was selected as Senior Resident and vide order dated 25.07.2017, he was posted as Senior Resident in the department of Clinical Haematology at SCB Medical College and Hospital, Cuttack, pursuant to which he joined on 21.07.2017, which was duly accepted by the authority. After joining in the said department, he discharged his duty and gained experience on special training in Clinical Haematology from 05.09.2016 to 19.12.2016 and 27.01.2017 to 27.11.2018 and thereby, he has acquired special training of two years four months and 14 days.
3. Odisha Public Service Commission (OPSC)- opposite party no.5 issued an advertisement on 09.08.2007 in the cadre of Odisha Medical Health Services, Class-II, (Group-B) for selection and appointment of Assistant Surgeon, pursuant to which the petitioner was selected and appointed on regular basis and posted at Dhualpur PHC (N) against the vacant post of Medical Officer in Class-II (Group-B) of the State Medical Health Services Cadre in the scale of pay of Rs.6,500-10,500/- along with other allowances as sanctioned by the Govt. from time to time. He joined in the said cadre on 13.08.2007 and posted as Medical Officer in-Charge, PHC, Adenigarh, Boudh. He was allowed to receive revised scale of pay from time to time. Thereafter, he prosecuted his P.G. course for a period of three years w.e.f. 31.08.2013 to 30.08.2016. On completion of said course, he was posted at SCB Medical College & Hospital, Cuttack vide Govt. of Odisha, Health & Family Welfare Department order dated 12.08.2016. He was then posted in the establishment of Superintendent, SCB Medical College & Hospital, Cuttack vide Govt. of Odisha, Health & Family Welfare Department order dated 16.12.2016. Thereafter, the Superintendent, SCB Medical College & Hospital, Cuttack vide Memo No.25551 dated 03.11.2018 certified the deployment of services of the petitioner in the Department of Pathology, SCB Medical College & Hospital, Cuttack w.e.f. 31.08.2016. Though, he was deployed to the Pathology Department, practically he was discharging his duties and services in the Clinical Haematology wing of the Pathology Department as well as Sishu Bhawan, Cuttack and got special training in Clinical Hematological work. This fact is evident from the service book annexed as Annexure-1 to the writ petition. Thereafter, he was posted to District Headquarters Hospitals as LTRMO, vide Government of Odisha, H&FW Department order dated 16.12.2016 and joined as such on 22.12.2016. Thereafter, he was selected as a Senior Resident/Tutor in the Department of Clinical Haematology in SCB Me
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