Rajasthan High Court - Jaipur
Pragyan Bansal Son Of Sh. D K Bansal vs State Of Rajasthan on 12 October, 2020
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11435/2020
Pragyan Bansal Son Of Sh. D K Bansal, Aged About 23 Years,
Resident Of 59, Vishveshvaraiya Nagar Ext., Near Triveni Nagar,
Gopalpura Bypass, Jaipur - 302018
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Medical And Health Services, Government
Secretariat, Jaipur
2. Director (Public Health ), Medical And Health Services,
Jaipur
3. Coordinator, Medical Officer Recruitment Examination
2020, Rajasthan University Of Health Sciences, Kumba
Marg, Pratap Nagar, Jaipur
----Respondents
Connected With S.B. Civil Writ Petition No. 11728/2020 Naveen Kumar Saini S/o Bajrang Lal Saini, Aged About 24 Years, R/o Near Toda Road Malpura, Tehsil Malpura, District- Tonk, Rajasthan
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Department Of Medical And Health Education, Govt. Of Rajasthan, Jaipur
2. Rajasthan Medical Council, Government Dispensary Campus, Near Sahkar Bhawan, Sardar Patel Marg, Jaipur
3. The Director (Pulic Health), Medical And Health Services, Govt. Of Rajasthan, Jaipur
4. Rajasthan University Of Health Science, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur
5. The Coordinator, Medical Officer (Medical) Recruitment Examination-2020, Rajasthan University Of Health Science, Sector-18, Kumbha Marg, Pratap Nagar, Tonk (Downloaded on 14/10/2020 at 09:04:48 PM) (2 of 13) [CW-11435/2020] Road Jaipur
6. Rajasthan University Of Health Science, Through Its Principal, Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road Jaipur
----Respondents S.B. Civil Writ Petition No. 11756/2020 Syed Mohd Zaka S/o Syed Zakir Hasan Naqvi, Aged About 25 Years, R/o 205, Dhanna Das Ki Bagichi Fateh Tiba, Adarsh Nagar, Jaipur Raj.
----Petitioner Versus
1. State Of Raj., Through Secretary Department Of Medical And Health Education Govt. Of Raj. Jaipur.
2. Rajasthan Medical Council Government Dispensary Campus, Near Sahkar Bhawan Sardar Patel Marg Jaipur.
3. The Director (Public Health), Medical And Health Services Govt. Of Raj. Jaipur.
4. Rajasthan University Of Health Science, Through Its Registrar Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road Jaipur.
5. The Coordinatior Medical Officer (Medical), Recruitment Examination 2020 Raj. University Of Health Science Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road Jaipur.
6. Rajasthan University Of Health Science, Through Its Principal Sector 18 Kumbha Marg Pratap Nagar, Tonk Road Jaipur.
----Respondents S.B. Civil Writ Petition No. 11899/2020
1. Vishal Singh Bhati S/o Shri Mohan Singh, Aged About 26 Years, R/o Plot No. 3, Sindh Colony, Adarsh Nagar, District Jaipur, Rajasthan,
2. Sonam Singh Gurjar D/o Ranjit Singh, Aged About 23 Years, R/o Village Bopiya, Tehsil- Neem Ka Thana, District - Sikar, Rajasthan
3. Chirag Jain S/o Shanti Lal Jain, Aged About 24 Years, (Downloaded on 14/10/2020 at 09:04:48 PM) (3 of 13) [CW-11435/2020] R/o Jai Hind Nagar Gali No. 5, District Dungarpur, Rajasthan
4. Akanksha Sharma D/o Dinesh Chand Sharma, Aged About 23 Years, R/o Gopinath Mohalla Main Market, Thangazi, District Alwar, Rajasthan
5. Rakesh Kumar Dariya S/o Heera Lal Dariya, Aged About 23 Years, R/o Village- Billounchi, Tehsil Amer, District Jaipur Rajasthan
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Department Of Medical And Health Education, Govt. Of Rajasthan, Jaipur
2. Rajasthan Medical Council, Government Dispensary Campus, Near Sahkar Bhawan, Sardar Patel Marg, Jaipur
3. The Director (Public Health), Medical And Health Services, Govt. Of Rajasthan, Jaipur
4. Rajasthan University Of Health Science, Through Its Registrar, Sector -18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur
5. The Coordinator, Medical Officer (Medical) Recruitment Examination- 2020, Rajasthan University Of Health Science, Sector- 18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur
6. Rajasthan University Of Health Science, Through Its Principal , Sector -18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur
----Respondents S.B. Civil Writ Petition No. 11410/2020
1. Dr. Ritu Saini D/o Shri Chiranji Lal Saini, Aged About 25 Years, Resident Of Plot No. 5, Raja Ram Marg, Brahmpuri Khura, Jaipur-302002 (Raj.)
2. Dr. Braj Raj Singh S/o Shri Ram Jivan Choudhary, Aged About 25 Years, Resident Of Jat Mohalla, Post Kathamana, Kathmana, Tonk-304801 (Raj.)
----Petitioners (Downloaded on 14/10/2020 at 09:04:48 PM) (4 of 13) [CW-11435/2020] Versus
1. State Of Rajasthan, Through Principal Secretary, Medical And Health Services, Govt. Secretariat, Jaipur, Rajasthan.
2. The Director (Public Health), Medical And Health Service, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
3. Rajasthan University Of Health Sciences, Through Convener Medical Officer (Medical) Recruitment-2010, 100, Kumbha Marg, Sector 11, Pratap Nagar, Jaipur, Rajasthan 302033.
----Respondents S.B. Civil Writ Petition No. 11440/2020 Sonakshi Mandia D/o Shri Kailash Kumar Meena, Aged About 23 Years, Resident Of Plot No. 33, Jai Kisan Colony, Tonk Phatak, Gandhi Nagar, Jaipur-302015 (Raj.)
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Medical And Health Services, Govt. Secretariat, Jaipur, Rajasthan
2. The Director (Public Health), Medical And Health Service, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
3. Rajasthan University Of Health Sciences, Through Convener -Medical Officer (Medical) Recruitment-2020, 100, Kumbha Marg, Sector 11, Pratap Nagar, Jaipur, Rajasthan 302033.
----Respondents S.B. Civil Writ Petition No. 11458/2020
1. Dr Ranveer Choudhary S/o Rajendra Choudhary, Aged About 25 Years, Plot No 15 Balanand Ji Ka Rasta Jaipur
2. Dr Prateek Saini S/o Shri Nanu Ram Saini, Aged About 25 Years, Resident Of Vill. Mahar Kala Via Samod Th. Chomu (Raj.)
3. Saurabh Saini S/o Shri Nanu Ram Saini, Aged About (Downloaded on 14/10/2020 at 09:04:48 PM) (5 of 13) [CW-11435/2020] 25 Years, Resident Of Vill. Mahar Kala Via Samod Th. Chomu (Raj.)
4. Pradeep Kumar Sharma S/o Bhagirath Parsad Sharma, R/o Bhrahmano Ka Mohala, Jatanwali Jaipur.
----Petitioners Versus
1. State Of Rajasthan, Through Principal Secretary, Medical And Health Services, Govt. Secretariat, Jaipur, Rajasthan
2. The Director (Public Health), Medical And Health Service, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
3. Rajasthan University Of Health Sciences, Through Convener -Medical Officer (Medical) Recruitment-2010, 100, Kumbha Marg, Sector 11, Pratap Nagar, Jaipur, Rajasthan 302033.
----Respondents
For Petitioner(s) : Mr. Abhi Goyal
Mr. Nitish Bagri
Mr. Tanveer Ahamad
Mr. Rajesh Sharma
For Respondent(s) : Mr. Harshal Tholia for
Dr. V.B. Sharma, AAG
Mr. Ravi Chirania
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order Reportable 12/10/2020 Heard learned counsel for the parties.
The petitioners by way of these writ petitions submit that as they have not already completed their MBBS Course and are undergoing internship, they should be declared eligible to participate for the post of Medical Officer and the requirement of possessing permanent registration under Medical Council is wholly (Downloaded on 14/10/2020 at 09:04:48 PM) (6 of 13) [CW-11435/2020] unjustified. It is submitted that the provisional certificate has already been issued to them and the petitioners are undergoing internship and thereafter, the petitioners would be provided permanent registration in the Rajasthan Medical Council. As the process of selection shall take time, before the selections are over, the petitioners are likely to complete their internship and would therefore be entitled for appointment as Medical Officer.
Learned counsel for the petitioners submits that in view of the Rajasthan Various Service (Amendment) Rules, 1999 (hereinafter referred to as "the Rules of 1999"), candidates who are in the final year of examination or who are in the process of internship ought to be allowed to participate in the selection process before the last date of examination or the last date of interview. Keeping in mind the said principle, the petitioners ought to be allowed to participate in the selection process.
Learned counsel submits that earlier also the State Government had taken a stand and allowed the candidates to participate in the selection process for the post of Medical Officer and were later on granted extension to complete their internship.
Documents in this regard issued vide order dated 29.8.2018 have been placed on record to show that such a relaxation had been given by the Medical and Health Department earlier. Learned counsel also submits that the degree of MBBS is one part which is essential qualification and the training of rotating internship is the other part which can be continued and the petitioners can be directed to be allowed to join only after completion of their internship.
Additionally, learned counsel appearing for the petitioners, Mr. Nitish Bagri, submits that some of the petitioners have passed (Downloaded on 14/10/2020 at 09:04:49 PM) (7 of 13) [CW-11435/2020] MBBS course from outside India and as per the directions issued by the Supreme Court they have already cleared the examination conducted by the Board of Medicine and therefore, they are eligible to participate and the requirement of completing rotating internship cannot be applied on such candidates who had done MBBS course from outside India.
Per contra, learned counsel appearing for the respondents-
State has relied on law as laid down from time to time by this court quoted in SBCWP No.18198/2016; Narendra Kumar Sharma & others Versus Rajasthan University of Health Sciences & Others decided on 11.01.2017, Dr. Chandan Singh Mothsara & Others Versus State of Rajasthan & Others;
SBCWP No.4554/2013 alongwith other connected writ petitions decided on 26.7.2013 and Nishant & Others Versus State of Rajasthan & Others; SBCWP No.343/2011 alongwith other connected writ petitions decided on 13.1.2011 to submit that the court has been consistently holding that a candidate becomes eligible for appointment as Medical Officer only after he/ she has completed his rotating internship and the MBBS degree can only be awarded and allowed to practice in Medicine is only available after a person has completed his/ her internship and he/ she is registered with the Rajasthan Medical Council. Learned counsel has also taken this court to Rule 31 of the Registration Rules which provides only after a person has completed his/ her internship can be allowed to practice Medicine. Learned counsel has also relied on Ordinance 268 of the University Ordinance to submit that the MBBS degree includes rotating internship.
Learned counsel appearing for the respondent-RUHS has relied on the Screening Test Rules, 2002 to submit that a person (Downloaded on 14/10/2020 at 09:04:49 PM) (8 of 13) [CW-11435/2020] can be permanently registered as a Medical Practitioner after he/ she completed the rotating internship.
I have considered the submissions.
The issue involved in these writ petitions is no more res integra.
Admittedly, the issue was examined at length in Nishant & Others (supra) by co-ordinate Bench of this Court vide judgment dated 13.1.2011. After taking into consideration the law as laid down by the Supreme Court, it was held as under:-
"11) The issue that needs to be dealt with first is whether eligibility qualification shown as M.B.B.S. in Entry 11 Column 5 in Schedule-I appended to the Rules of 1963 envisage the internship to be an integral part of the M.B.B.S. Examination or mere passing of the final year M.B.B.S. would suffice for the purpose of such eligibility. Before considering the cited judgments, relevant provisions governing the field have to be noticed and discussed. Clause (d) of Ordinance 268 of the University Ordinances interalia provides that "the M.B.B.S. Degree shall be conferred after passing the Final M.B.B.S. Examination and after a candidate has undergone compulsory rotating Internship for a period of 12 months". Reading of this ordinance, leaves no manner of doubt that M.B.B.S. Degree shall not be considered as a valid degree for any purpose whatsoever, either for practice or for securing employment, unless a candidate has successfully undergone compulsory rotating internship for a period of 12 months. Only exception that has given in clause
(d) of Ordinance 268 of the University Ordinances is that in case of hardship in genuine matters and in the very exceptional circumstances and that too on recommendation of the college, relaxation not exceeding of thirty days may be granted but we are not concerned with that.
13) In Brajraj Kumar Sharma supra advertisement was issued by the R.P.S.C. for appointment on the post of Ayurvedic Chikitsak. Learned counsel appearing for the R.P.S.C. in that case while opposing the writ petition argued that petitioner did not possess the requisite qualification for the post of Ayurvedic Chikitsak under (Downloaded on 14/10/2020 at 09:04:49 PM) (9 of 13) [CW-11435/2020] Schedule attached to the Rajasthan Ayurvedic Unani Homeopathy and Naturopathy Subordinate Service Rules, 1973. The minimum qualification and experience for direct recruitment on the post of Ayurvedic Chikitsak is that of : (i) Degree of Bhishagacharya from University of Rajasthan or (ii) Ayurvedacharya i.e. Bachelor of Ayurvedic Medicine and Surgery from University of Rajasthan or (iii) qualification recognized as equivalent thereto by the Government. In that case, the argument was raised that petitioner had passed the examination of B.A.M.S. in April 1995 and the last date for submission of the application form was 16/5/1995.
It was argued that petitioner should be held eligible because he had already passed final examination of B.A.M.S. degree course. R.P.S.C. contested the claim of the petitioner by citing clause 5(ii) of the University Ordinances, which provided that degree shall be awarded only after completion of internship of six months. Single Bench of this Court dismissed the writ petition by upholding the argument of the R.P.S.C. This judgment was challenged before the Division Bench in Shambhu Lal Sharma supra in which, Division Bench held that if argument of the petitioner was upheld and the advertisement was interpreted in such a manner, it would lead to absurd consequences. Co-ordinate Bench of this Court in Sanju Choudhary supra reiterated the same view by following all the judgments in which case also, internship of the candidates seeking appointment on the post of Ayurvedic Chikitsak was not yet completed and he was claiming appointment on the strength of final examination of B.A.M.S. passed by them.
14) Coming now to the argument that fixation of dates of examination from 12/1/2011 to 14/2/2011 must be held to be arbitrary and unreasonable as it non-suits a large number of candidates, who would of B.A.M.S. in April 1995 and the last date for submission of the application form was 16/5/1995. It was argued that petitioner should be held eligible because he had already passed final examination of B.A.M.S. degree course. R.P.S.C. contested the claim of the petitioner by citing clause 5(ii) of the University Ordinances, which provided that degree shall be awarded only after completion of internship of six months. Single Bench of this Court dismissed the writ petition by upholding the argument of the R.P.S.C. This judgment was challenged before the Division Bench in Shambhu Lal Sharma supra in which, Division Bench held that if argument of (Downloaded on 14/10/2020 at 09:04:49 PM) (10 of 13) [CW-11435/2020] the petitioner was upheld and the advertisement was interpreted in such a manner, it would lead to absurd consequences. Co-ordinate Bench of this Court in Sanju Choudhary supra reiterated the same view by following all the judgments in which case also, internship of the candidates seeking appointment on the post of Ayurvedic Chikitsak was not yet completed and he was claiming appointment on the strength of final examination of B.A.M.S. passed by them. 14) Coming now to the argument that fixation of dates of examination from 12/1/2011 to 14/2/2011 must be held to be arbitrary and unreasonable as it non-suits a large number of candidates, who would the petitioners is further tested, that if the dates so fixed by the R.P.S.C. for interviews are not taken as correct and dates are postponed to any other time in future, then also, there would always be a situation where some candidates would be nonsuited for competing against the posts in question because in their case too, same situation might arise that their internship might not be complete upto the last date on which interviews are fixed. It must be noted that in any selection process for any post, a line has to be drawn somewhere. There would always be a situation where a section of the candidates would be eligible and another section of that candidates would be on the verge of acquiring eligibility. Mere enormity of problem of unemployment of large number of young youth, and that some candidates may not have yet acquired eligibility, possibly may not be a reason to stall the entire process of selection. Doing so would be causing a grave prejudice to those unemployed youth, who have been waiting for employment for years and years, which is scarcely available these days. Learned Additional Advocate General at this stage has given a fair concession that if any candidate would be completing internship upto the last date of interview and if he appears before the R.P.S.C. with such request, there would be no reason why his request would not be accepted. So far as however validity of fixing the dates for interviews is concerned, no fault can be found therewith. Action of R.P.S.C. is just and reasonable. This argument must therefore also fail."
(Downloaded on 14/10/2020 at 09:04:49 PM)(11 of 13) [CW-11435/2020] Aforesaid view taken was reiterated by co-ordinate Bench of this court in Dr. Chandan Singh Mothsara & Others (supra), it was held as under:-
"In view of discussion made above, the writ petitions are allowed with the directions to the respondents not to treat any candidate to be eligible, if she/he was not in possession of required qualification with the internship on or before the date of written examination. The advertisement to provide crucial date to be 31.03.2013 is set aside being dehors the rules.
The direction to scarp the selection cannot be given, moreso when, perusal of prayer of the writ petition/s does not claim aforesaid, thus such direction cannot be given at the instance of private respondents, who are not the petitioners herein. It is further clarified that the period of internship is part of qualification, thus who have not completed internship on or before written examination, should not be treated as eligible."
A similar view has been taken in the case of Narendra Kumar Sharma & others (supra) by dismissing the writ petition in limine, it was held as under:-
"The submission made is without substance for the reason that one could qualify for award of degree of MBBS only on completion of internship and it is an integral part of the MBBS course and indisputably, since the petitioner is undergoing internship, is not holding the degree of MBBS and his provisional registration with RMC will not hold him eligible to participate in the process.
At the same time, the ex-parte order passed by the coordinate Bench at the main seat at Jodhpur may not be of any assistance as a statement has been recorded by the court of the petitioner's cousnel that degree of MBBS has been awarded to him in May, 2015 and he has a provisional registration with RMC on 10.08.2015.
In the instant case, the petitioner is not holding the MBBS Degree which could be awarded to him only after completion of internship and that being so, indisputably, the petitioner is failing in the eligibility criteria, as laid down by the respondents initiating the (Downloaded on 14/10/2020 at 09:04:49 PM) (12 of 13) [CW-11435/2020] process of selection, pursuant to advertisement of the post of Medical Officer.
Consequently, the instant writ petition being devoid of merit, according stand dismissed."
Keeping in view above, this court is of the firm view that no indulgence can be granted to the petitioners for participating in the selection process for the post of Medical Officer as the minimum requirement for a person to practice in Medicine is that he/ she must complete rotating internship and must be registered with the Medical Council permanently. Merely because selection process may take sometime would not mean that those who are in the process of doing internship have become eligible for participation. The candidates, who have passed MBBS from out of India, cannot be said to be eligible till they have completed rotating internship in India and have also passed the exam conducted by the Board. Therefore, the contention of Mr. Nitish Bagri that the said petitioners are eligible, has also not found to be made out and is rejected.
It may not be ignored that other candidates' rights who are duly eligible and have duly done their internship and are duly registered with the Rajasthan Medical Council, would have to compete with such an ineligible candidates resulting in per-se discrimination. In view thereof, no indulgence can be granted to the petitioners.
Thus, these writ petitions are found to be devoid of merits and are accordingly dismissed. However, it is made clear that those candidates who have completed their internship on or before 13.10.2020 i.e. the date on which the written examination is being (Downloaded on 14/10/2020 at 09:04:49 PM) (13 of 13) [CW-11435/2020] conducted, they would be treated as eligible in view of the provisions of Rules of 1999.
A copy of this order be placed in each connected file.
(SANJEEV PRAKASH SHARMA),J Karan Bhutani /531/16-78-79-104-132-133-134 (Downloaded on 14/10/2020 at 09:04:49 PM) Powered by TCPDF (www.tcpdf.org)