CASE NO.: Appeal (civil) 5223 of 2003 PETITIONER: The State of Madhya Pradesh & Ors. RESPONDENT: Vs. Gopal D. Tirthani & Ors. DATE OF JUDGMENT: 28/07/2003 BENCH: R.C. Lahoti & Ashok Bhan. JUDGMENT:
J U D G M E N T
@ S.L.P. (C) NO.10820 OF 2003
With
CIVIL APPEAL NOS. OF 2003
(@ SLP (C) Nos.10903-10904/2003, 10879/2003)
R.C. Lahoti, J.
Leave granted in all the Special Leave Petitions.
Imparting instruction and giving education was philanthropy -a
pious duty – in the past, and later a service. In recent times it has
developed into a business and now it stands recognized as an industry.
A sizeable amount of litigation centres around medical education. The
national wealth of available seats is scarce while the aspirants,
desirous of sharing such wealth, are numerous. Every attempt at
laying down criteria for choosing the more deserving out of the several
aspirants is subjected to challenge before the Constitutional Courts of
the country. This time it is the State of Madhya Pradesh which is at
the receiving end and the issue is quota of seats for in-service
candidates. Carving out a quota for in-service candidates by the State
Government, assigning weightage for rural service, sub-classification
within classification for women candidates who have rendered rural
service, and holding of a separate eligibility test for determining the
merit of in-service candidates as distinguished from open category
candidates, are the issues canvassed before the High Court and
reiterated before this Court by the parties especially the State of
Madhya Pradesh. For the purpose of this judgment it is not necessary
for us to enumerate the facts of each individual petition as there were
many before the High Court. It would suffice to note the bones of
contention in the backdrop of a few bare essential events in their
chronological order.
In the State of Madhya Pradesh, as it exists today, subsequent
to the reorganization effected on November 1, 2000, leading to carving
out of the State of Chhattisgarh, there are five Universities imparting
medical education at under-graduate and post-graduate levels of
studies. There are 620 under-graduate seats while the seats at post-
graduate level of studies are 537, consisting of degree and diploma
courses both. A quota of 89 seats is earmarked for in-service
candidates, i.e., the doctors in the employment of the State
Government.
Madhya Pradesh, a State with a large land spread, still lives in
villages. The number of inhabited villages is 51,806 divided into 313
Blocks for the purpose of health services administration. There are
8835 sub-health centers which are the smallest rural units of public
health service covering a population of 3000 in tribal areas and 5000
in general or non-tribal areas. At each sub-health centre, an ANM
(auxiliary nurse midwife) and a multi purpose male health worker is
posted. There are 1194 primary health centres which are rural health
units providing curative medical care and preventive health care
covering a population of around 50,000 of which 20,000 is tribal. One
MBBS medical officer with para-medicos is posted at PHCs. There are
229 community health centers situated at Block/Tehsil Headquarters.
Ideally, post graduate medical officers in Surgery, Obstetrics &
Gynaecology, Anaesthesia, Medicine and specialized in Paediatrics
under overall supervision of a block medical officer need to be posted
at each such community health centre (CHC). Then there are 169 first
referral units (FRU) which are community health centers equipped with
new-born care equipment, surgical equipment for emergency obstetric
care and care of high risk neonates. Post graduate medical officers
specially having qualified in Obstetrics & Gynaecology, Anaesthesia
and Paediatrics are required to be posted at such first referral units so
as to prevent mother and infant casualties. The total sanctioned posts
in the cadre of medical officers called Assistant Surgeons, which
includes Physicians as well, is 4670 against which only 3865 posts are
presently occupied. The occupants include those medical officers who
are recruited as a temporary measure on contract basis for a short
term. 805 posts are lying vacant. As to the posts which require PG
Degree/Diploma, the position is as under:-
Cadre
Strength
Posted
Vacant
Class-I Specialists
739
530
209
Class-I Specialists in CHCs
258
82
176
Medical Officers Class-II with
PG Degree
1606