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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K. Panigrahi, J.
Dr. Son Pattnaik - Petitioner
Versus
State of Odisha and Ors. - Opp. Parties
W.P.(C) Nos.8065, 8844, 8873, 8905 & 9852 of 2022
Decided On : 16-05-2022
Bond Doctors - Selection Process for Senior Residents - 1998 Regulations, 2017 Bond Notification - 1952 AIR 75
Fact of the Case:
The case involves the issue of allowing post PG bond doctors to participate in the selection process of Senior Residents (SRs) despite being entitled to teaching experience certificates as SR for 2 years as per the government policy. The advertisement for SR posts debarred the post PG bond doctors from participating in the selection process, leading to a legal challenge.
Finding of the Court:
The court found that the petitioners, already entitled to SR certificates, were not eligible to participate in the selection process for SR posts. The court emphasized the rational nexus between the basis of classification and the object intended to be achieved, and dismissed the writ petitions, directing the exclusion of the petitioners from the merit list for SR selection.
Issues: The central issue revolved around the eligibility of post PG bond doctors to participate in the selection process for SR posts despite being entitled to teaching experience certificates as SR for 2 years. The court also considered the rational nexus between the basis of classification and the object intended to be achieved.
Ratio Decidendi: The court held that the petitioners, already entitled to SR certificates, were not eligible to participate in the selection process for SR posts, as the advertisement was meant for doctors who had not benefited from post-PG based SR certificates. The court emphasized the principle of equality before the law and the rational nexus between the basis of classification and the object intended to be achieved.
Final Decision: The court dismissed the writ petitions, directed the exclusion of the petitioners from the merit list for SR selection, and vacated the earlier interim orders allowing the petitioners to participate in the selection process.
JUDGMENT :
S.K. Panigrahi, J.
I. Factual background:
1. Doctors are at the core of our health system. For decades, India has been struggling with a shortage with the latest estimates suggesting that only 0.9 doctors are available per 1000 population, which is far less than the WHO is recommended minimum of 1/1000. The situation is worse in rural areas which is home to 72% of India’s population but are served by only 40% of India’s doctors. The policy with respect to the Bond Doctors have been amended, relaxed, cancelled, and re-implemented at least ten times since the inception of such policy in 1996. Subsequently, the Post- PG bond doctors also joined the band wagon in order to rectify the issue of misdistribution of doctors in the State.
2. At the ground level such doctors face myriad hurdles impeding their motivation to serve in the rural areas. In order to encourage such Doctors, after completion of their Post-graduation, the serve as post PG bond service for 2 years, and in order to infuse fresh motivation, the State Government have allowed to count such service towards the teaching experience of 2 years as SR. The Director Medical Education and Training, Odisha vide its notice dated 17.03.2022 modified its Bond conditions as;
b. The post P.G. Bond service of two years shall be counted towards the teaching experience of two years as SR.
3. The present Writs petitions raise the issue of allowing the post PG bond doctors to participate in the selection process of SR like the fresh PG candidates, despite the fact that their service of two years shall be counted towards the teaching experience of two years as SR as per the policy of the Government.
4. The centrality of the issue revolves around the fact that the Director of Medical Education and Training, Odisha floated an advertisement dated 16.03.2022 inviting candidates for filling up the posts of Senior Residents/Tutors in Govt. Medical colleges and Hospitals of the State. Accordingly, the eligible candidates were invited for walk-in interview for the said selection of the posts of Senior Residents (SRs) and Tutors in different disciplines of the Government Medical Colleges. However, in the said advertisement, there is a specific instruction inscribed limiting the candidates who are continuing as post-PG bond services to participate in the interview process since they are entitled for teaching experience certificates as SR for 2 years for the period of post PG bond service against minimum requirement for Assistant Professor only one year as Senior Resident as per TEQ of NMC.
5. Prior to 2017, there was no such bond service doctor for which there was little scope for getting teaching experience certificate as SR except for participating in the selection process of SR. Since there were only three Medical Colleges in the state, the scope for selection of S.R. was further squeezed. In the meanwhile, the state Govt has opened eight Medical Colleges for which the appointment of senior residents is required as per the regulations of Medical Council of India/NMC and at the same time Asst. Professors are also required which the projected demand for the SRs also expanded with maximum age limit is 45 years as recommended by MCI/NMC.
6. The petitioners have completed their post-Graduation in the year 2021 and they are serving 2 years Post- PG Bond service doctors under the state government and as per the government notification dated 17.03.2022, the post -PG bond service of 2 years shall be counted towards the teaching experience of 2 years as SR. Accordingly, this is mirrored in the advertisement in terms of eligibility and qualification for Senior Residents/Tutors:
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