Court No. - 29 Case :- WRIT - A No. - 37049 of 2010 Petitioner :- Dr. Rachana Chaurasia Respondent :- State Of U.P. And Others Petitioner Counsel :- Rpadeep Kumar,Praveen Kumar Respondent Counsel :- C.S.C.,Pushpendra Singh Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
By interim order dated 28.6.2010 the petitioner was provisionally
allowed to appear in the interviews on the date fixed by the Public
Service Commission, U.P. Allahabad pursuant to the
advertisement dated 18.7.2009 inviting applications for
appointment on the 15 posts of Lecturer in ‘Radio Diagnosis’.
The petitioner appeared in interviews and now prays for declaring
the result.
The petitioner is MBBS from S.N. Medical College, Agra (2004)
and had passed MD Examination of the year 2008 with ‘Radio
Diagnosis’ from Bundelkhand University, Jhansi. The provisional
certificate was awarded to her on 9.5.2008.
The Public Service Commission had rejected the petitioner’s
candidature on the ground that essential qualification possessed by
her i.e. M.D. in Radio Diagnosis is not recognised in M.L.B.
Medical College, affiliated to Bundelkhand University, by the
Medical Council of India. It is stated by Shri Gautam Baghel after
seeking instructions from the Commission that out of 15 advertised
posts, 33 candidates had applied. Only 13 out of them were found
to be eligible. Out of which 5 candidates have been recommended
for appointment in the general category. No one was found
eligible for the 4 posts in ‘OBC’ category.
Shri Pradeep Kumar wold submit that the Medical Council of
India has been granting recognition to various courses with effect
from the previous years, and has relied upon one such order dated
22nd February, 2008 relating to Deen Dayal Upadhyay Gorakhpur
University in which recognition was granted to MD course with
effect from 1982-83. He would submit that Medical Council of
India has carried out inspections but that the necessary orders are
still awaited.
The Medical Council of India has not been impleaeded as party
respondent to the writ petition.
We permit the petitioner to implead the Central Government and
the Medical Council of India as party respondents to the writ
petition and serve copies to the counsels appearing for the Union
of India and Medical Council of India.
Since no one was selected and has been recommended and the
posts reserved for Lecturer in Radio Diagnosis for OBC category
and that all the four posts are vacant, there is no need to pass an
interim order at this stage. Since the petitioner has appeared in
interviews in pursuance to the interim orders, we observe that she
will continue to have right to the post, if the Medical Council of
India grants recognition to the course, for the relevant year, when
the petitioner had taken admission and had completed the course.
List on 19th July, 2010.
Order Date :- 8.7.2010
SP/