Dr.R.Ilayaraja vs State Of Tamil Nadu on 29 September, 2003
24. Moreover, the Supreme Court in KUMARI CHITRA GHISE v.
UNION OF INDIA (AIR 1970 SC 35) and D.N.CHANCHALA v. STATE FO MYSORE (AIR 197
1 SC 1762) and a Full Bench of this Court in BHUPESHKAR S.R. AND OTHERS v.
THESECRETARY, SELECTION COMMITTEE, SABARMATHI HOSTEL AND OTHERS (1995 WLR 639)
and another Full Bench of this Court in Dr.R.MURALI v. Dr. R.KAMALAKKANNAN
(1999 (III) CTC 675) held that the Government would not be denied of its right
to decide the sources from which the admission should be made as it is the
Government which bears the financial burden of running the medical colleges.
Therefore, the State Government is justified in its stand in making available
50% of seats to inservice candidates as it requires 3051 medical practitioners
to serve in the Government Hospitals or hospitals run by the local bodies or
the Government. The inservice candidates are also required to give an
undertaking to serve in the Government Hospitals for 15 years. So far as the
candidates selected under open category are concerned, there is absolutely no
fetter on them to work in the Government Hospitals or hospitals run by the
local bodies or the Government and when the Government felt that there is
shortage of hands in the Government Hospitals, the clause making available 50%
of the seats to inservice candidates cannot be said to be unreasonable or
arbitrary and I hold that the clause is not unconstitutional and cannot be
struck down on the ground that merit is sacrificed.