Karnataka High Court
Santhosh Kumar T N vs Dr Vivek Handa on 22 September, 2016
Bench: Jayant Patel, Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER 2016
PRESENT
THE HON'BLE MR.JUSTICE JAYANT PATEL
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION NO. 49255/2016 (EDN-MED-ADM)
BETWEEN:
SANTHOSH KUMAR T N
NURSING ORDERLY
DOOR NO.381,
3RD CROSS, 2ND LINK ROAD
SIT EXTENSION
TUMAKURU-572 103.
... PETITIONER
(BY SRI SANTHOSH KUMAR T N, PARTY IN-PERSON)
AND:
DR. VIVEK HANDA
(MEDICAL EDUCATION-II)
EMPLOYEES' STATE INSURANCE
CORPORATION, PANCHDEEP
BHAWAN, COMRADE
INDERJEET GUPTA (CIG)
MARG, NEW DELHI-110 002.
... RESPONDENT
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ALLOW FOR ADMISSION IN ESIC MC (MEDICAL COLLEGE
MBBS) RAJAJINAGAR FOR THE ACADEMIC YEAR 2016-17
AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, JAYANT PATEL J., PASSED THE
FOLLOWING:
ORDER
Present petition is preferred by the petitioner as party-in-person to issue appropriate writ to direct Employees State Insurance Corporation, Medical College, Rajajinagar for admission to MBBS for the academic year 2016-17 and other consequential reliefs are also prayed on the ground that there should be separate seat for the in-service candidate in the medical colleges established by Employees State Insurance Corporation.
2. We have heard party-in-person Mr.Santhosh Kumar.
3
3. Grievance on the part of petitioner appears to be that as per Section 59B of the Employees State Insurance Act, 1948 it has been provided that Corporation may establish Medical colleges, Nursing colleges, Training Institutes etc., for its para-medical staff and other employees with a view to improve the quality of service under the Employees State Insurance Scheme. It has been submitted that Employees State Insurance Corporation has established medical college in the State and various quotas are provided including wards of insured persons but there is no separate quota or reservation for in-service candidate as insured person. Petitioner contends that he has passed NEET exam and he is holding eligibility criteria for consideration in the MBBS admission but since no college or any seats are reserved for in-service candidate, appropriate direction may be issued by this Court to provide seats and to consider petitioner's case. 4
4. As per Section 59B of the Employees State Insurance Act, 1948, the power to the Corporation is admissible to establish Medical colleges, Nursing colleges, Training Institutes etc. for improvement of the quality of service under the Employment State Insurance Scheme. As the medical college has been established, whether seat should be provided for in- service candidate or not and if it is, what should be the requisite criteria etc., are in the domain of the policy maker of the statutory body. This Court may not undertake the exercise to direct the Corporation to formulate the policy on the ground it is sought to be canvassed. But if the policy framed is arbitrary, then only the Court may step in.
5. Grievance on the part of the petitioner was that he has made a representation on 16.08.2016, a copy whereof is produced at page No.17 of the petition and inspite of that it is not considered. 5
6. In our view, petitioner may pursue the representation for formulating the policy for providing of seats to in-service candidate. But, unless any policy is framed, or decision is taken, no interfere is called for. Further, considering the facts and circumstances, we do not find it appropriate to issue a mandamus directing the respondent-Corporation to formulate the policy. Hence, present petition is not entertained.
However, it is observed that dismissal of the present petition shall not operate as a bar to respondent
- Corporation to formulate any policy in accordance with law.
Subject to aforesaid observation, petition is dismissed.
SD/-
JUDGE SD/-
JUDGE *sp