The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.35848 of 2023 Dr. Gouri Shankar Dash State of Odisha & Ors. -versus- CORAM: …. Petitioner Mr. A.Mishra, Advocate …. Opposite Parties Mr. S.Das,A.G.A. JUSTICE A.K. MOHAPATRA
Decision
ORDER 02.11.2023 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate for the State. Perused the Writ Petition as well as the documents annexed thereto. 3. The present Writ Petition has been filed with the following prayer : “Under these facts and circumstances it is most humbly prayed therefore that this Hon’ble Court may graciously be pleased to quash the rejection of candidature of the petitioner for the post of Senior Resident in the discipline of Paediatrics at Annexure-5, And further be pleased to direct Opp.party No.2 to issue letter of appointment in favour of the petitioner in the post of Senior Resident in the discipline of Gyn.oncology pursuant to advertisement at Annexure-4 forthwith, And in the alternative pass any other order/orders as deem fit and proper in this case.” 4. It is submitted by learned counsel for the petitioner that the petitioner after completion of medical education joined in the post of Medical Officer/ Assistant Surgeon on being duly selected by the O.P.S.C. on 27.07.2012. After joining in the Government service, the petitioner has been discharging his duties. While the petitioner was // 2 // continuing in service, on 29.01.2019 considering the educational qualification of the petitioner he has been granted a special allowance against the post of Specialist, O&G. In the aforesaid context, learned counsel for the petitioner drawing the attention of this Court to Annexure-3, letter dated 29.10.2019 submitted that two persons including the present petitioner have been granted special incentives. 5. While this was the position, the Opposite Party No.2 issued an advertisement under Annexure-4 dated 02.09.2023 inviting applications for the post of Senior Resident in Government Medical Colleges of the State. Further, the said advertisement reveals that Senior Resident has been selected on the basis of walk-in-interview. Accordingly, the petitioner submitted his candidature for the post of Gynaecology at serial No.41 of the provisional vacancy list. Further, the said vacancy list reveals that there are four posts which are lying vacant and required to be filled up by the walk-in-interview pursuant to Annexure-4. Learned counsel for the petitioner further drawing the attention of this Court to the tentative schedule appended to the writ application submitted that the last date for the document verification was 27.10.2023. He further contended that the petitioner submitted all the relevant documents before the authorities. However, the Medical Education Certificate of the petitioner which requires renewal by the Competent Authority, was received by the Petitioner subsequently on 01.11.2020. However, the authorities have rejected the candidature of the petitioner under Annexure-5 to the writ application on the ground of want of renewal of registration. The selected list of candidates under Annexure-6 reveals that for the post of Gynaecology, two persons have been selected. Therefore, there are still two vacancies in Gynaecology post. In such view of the matter, learned counsel for the petitioner submitted that although the petitioner is otherwise eligible for renewal of medical registration certificate, the case of the petitioner has been illegally and arbitrarily rejected by the authority. Being aggrieved by // 3 // such conduct of the Opposite Parties the petitioner has approached this Court by filing the present writ application. 6. Learned Addl. Government Advocate on the other hand contended that since a lot of vacancies were there in the medical colleges, a decision was taken to recruit the Senior Resident and Tutors by conducting walk-in interviews keeping in view the urgency of the matter. Accordingly, an advertisement was published by the Directorate of Medical Education and Training under Annexure-4 to the writ application. The said advertisement lays down the details and the procedure to be followed while conducting the walk-in interview and eventually selecting the successful candidates against the vacant posts. Clause-9 of the said advertisement under Annexure-4 clearly specifies the documents to be filed along with the application form. In Sub- clause-J of Clause-9 specifically provides for filing of certificate of medical registration up to date for both UG & PG. He further contended that since the Petitioner had not submitted the up to date PG medical registration certificate the case of the petitioner has been duly considered and rejected on the ground of non-filing up to date medical registration certificate. Therefore, it was contended that Opposite Party has not committed any illegality while rejecting the application of petitioner. 7. In reply to the contention raised by learned Additional Government Advocate, learned counsel for the Petitioner submitted that at the time of filing application for walk-in interview, which was published and carried out within a very short span of time, the medical registration certificate issued in favour of the petitioner falls for renewal, accordingly the Petitioner had applied for renewal of medical registration by following the procedure. Awaiting the renewal of the certificate the petitioner had submitted his application along with an undertaking that he would submit the renewed medical registration certificate when he receives the same. Although the last date for // 4 // submission of documents was 27.10.2023, the petitioner has received the copy of the renewed medical registration certificate on 01.11.2023 and the case of the petitioner has not been considered by the authorities, therefore it contended by the learned counsel for the petitioner that such conduct of the authorities is highly illegal and arbitrary. He further submitted that since all posts have not been filled up, the Opposite Parties may be directed to consider the case of the petitioner by taking into consideration the renewed medical registration certificate of the petitioner which the petitioner is ready and willing to produce before the authority. 8. Regard being had to the submissions raised by learned counsels appearing for both sides and on a careful examination of the factual background, this Court is of the considered view that the only question involved in the present writ application is as to whether the authorities have rightfully rejected the application of the petitioner for want of renewal of medical registration certificate. On a careful examination of the advertisement which governs the recruitment, this Court observes that there is no such provision that for want of renewal of medical registration certificate the case of the petitioner is likely to be rejected, therefore, the authorities ought to provide an opportunity to the petitioner to produce the renewed certificate before rejecting his candidature. Moreover, it is not the case that the petitioner did not have the medical registration certificate and the only issue is the non-renewal of the medical registration certificate which is required to be renewed at regular interval. So far the present petitioner is concerned, he had sent the registration certificate for renewal at the time of walk-in interview which was to be conducted. Therefore, this Court is of the considered view that the Opposite Parties rejected the candidature of petitioner only on the ground that the petitioner was unable to produce the renewed medical registration certificate on 27.10.2023. Further taking note the fact that the certificate has already been issued in the // 5 // meantime, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.2 to reconsider the case of the petitioner by taking into consideration the renewed medical registration certificate issued to the petitioner on 01.11.2023, within a period of four weeks from the date of communication of a certified copy of this order by the petitioner. It is further directed to the Petitioner to approach the Opposite Party No.2 along with a copy of the renewed medical registration certificate along with a certified copy of this order within ten days from today. It is further directed that if the petitioner is otherwise eligible and his candidature has been rejected only on the ground of non-renewal of medical registration certificate, the Opposite Party No.2 shall do well to reconsider his case keeping in view the vacancy position available for the post and pass necessary orders as per law. The decision so taken be communicated to the Petitioner within four weeks thereafter. 9. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. Rubi ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 07-Nov-2023 10:51:03