consideration for
admission to the Post Graduate Courses under the category of
HCMS reserved quota of the State of Haryana stands rejected.
The brief facts ... Graduate Degree/diploma in Medical Sciences for the Session 2013
against the HCMS seats in the Haryana quota. No objection
certificates to the appellants were
Respondent No.2 University
against the Haryana Civil Medical Services (HCMS)
reserved quota. As provided for by the prospectus
dated 6th January, 2011, a common ... held for candidates who applied for
admissions against seats reserved for the HCMS
quota, as also seats under open merit category.
The prospectus sets
courses in Medicine from amongst Haryana
Civil Medical Service (for short 'HCMS') candidates for the
academic session 1997 in Pt. B. D. Sharma ... Diploma courses, in Medicine during the academic year in
question for HCMS candidates and does not include any
consideration of candidates either in open merit
case of the petitioners is that they had been appointed as
HCMS Doctors between periods ranging from the year 1997 to 2000. They
were admitted ... against Post Graduate Courses against the HCMS quota (40%
State quota) in the Forensic Medicine Department, PGIMS, Rohtak and
completed the said courses from periods
courses in Medicine from amongst Haryana
Civil Medical Service (for short 'HCMS') candidates for the
academic session 1997 in Pt. B. D. Sharma ... Diploma courses, in Medicine during the academic year in
question for HCMS candidates and does not include any
consideration of candidates either in open merit
structure w.e.f 01.09.2009, but which has been granted
to HCMS doctors i.e. 01.01.2006. They claim the release of actual benefit
of scales ... with HCMS doctors.
It has been asserted that from the year 1989 till 2006 as and
when the pay scales were revised, the petitioners have
Notification dated 20.02.2009 whereby there was a revision in pay scales of
HCMS officials granting them higher pay scales after rendering 10 years of
regular ... revision of pay scales since the
benefit was granted to the HCMS officers w.e.f. 22.02.2009, but to the
Veterinary Surgeons it was granted
seats were distributed between the two categories of candidates viz. members of HCMS and those belonging to category of open merit candidates. 16 seats which ... India Competitive Examination, were rightly divided between the members of HCMS and the open merit candidates. Allocation of four seats out of 16 seats
earn the right of consideration against the seats
reserved for HCMS categories.
The petitioners claim that they were eligible to be considered against
the HCMS ... years so as to be eligible for consideration
in the HCMS quota. The State policy is dated 31.3.2011 and is subsequent to the
declaration
Government in providing a
preferential pay structure to the HCMS Doctors as against the Veterinary
Surgeons cannot be said to be arbitrary. The operative part ... parity has to
be maintained between the Veterinary Surgeons
and the HCMS Doctors.
For the purpose of fixation of pay, the
Government has to take
