Court No. - 29 Case :- WRIT - A No. - 44261 of 2010 Petitioner :- Dr. Sanjay Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- S. P. Pandey,S. Shahi Respondent Counsel :- C. S. C.,Pushpendra Singh Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
The petitioner is aggrieved by rejection of his candidature for
Lecturer, General Surgery in pursuance to Advertisement
No.2/2009-10 dated 18th July, 2009. The interviews are scheduled
on 2nd August, 2010. It is alleged that the petitioner had not only
annexed three years’ Junior Residency for completing MS Course
in General Surgery, he has also clearly mentioned in para 12 that
he had completed three years’ Senior Residency and had annexed
experience certificate as Senior Resident at Item No.17 of the list
of documents with the application in Vardhman Mahavir Medical
College & Safdarjang Hospital, New Delhi, for a period of three
years. The certificate clearly shows that the petitioner had
experience of Junior Residency as student of MS Surgery from
2.5.2002 to 30.4.2005 and thereafter Senior Residency in General
Surgery from 1.3.2006 to 28.2.2009.
Everyday we have come across the cases in which the Commission
is ignoring the Junior Residency/ Senior Residency certificate as
three years experience essentially for the post of Lecturer. It is
well known that the person cannot complete MD or MS course
unless he has completed three years residency in accordance with
MCI Regulations. We are pained to observe that the doctors with
high qualification are required to run after the officers in the
Commission to establish that their applications were presented
with all requisite certificates.
As an interim measure we direct that the petitioner shall be
interviewed by the Commission.
Since we have been passing similar orders everyday, the
Commission should realise the difficulty, which is being caused to
the candidates and the burden put upon the High Court of
unnecessary litigation. We propose to impose heavy cost upon the
Commission in this matter. The matter will come up again
tomorrow for orders.
A copy of the order be given to learned counsel for the parties on
payment of usual charges today.
Order Date :- 29.7.2010/SP/