Rajasthan High Court
Dr. Kuldeep Poonia S/O Shri Kashi ... vs Union Of India on 25 January, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12470/2020
1. Dr. Kuldeep Poonia S/o Shri Kashi Ram, Aged About 38
Years, Resident Of D-8, D-Block, Esic Hospital, Sodala,
Jaipur (Raj.)
2. Dr. Rajeev Kumar S/o Shri Niranjan Lal Sharma, Aged
About 40 Years, Resident Of 1/564, Vidyadhar Nagar,
Jaipur (Raj.)
3. Dr. Banwari Lal Yadav S/o Shri Birdu Ram Yadav, Aged
About 37 Years, V/p Bhainslana, Tehsil Kotputli, District
Jaipur (Raj.)
4. Dr. Amit Goyal S/o Shri Niranjan Goyal, Aged About 35
Years, Resident Of A/37, Saket Colony, Mohan Nagar,
Hindauncity, Karauli, Rajasthan
5. Dr. Rajeev Yadav S/o Shri Bhawar Lal Yadav, Aged About
35 Years, Resident Of Adarsh Nagar, Krishna Colony, Tonk
(Raj.)
6. Dr. Rambir Singh S/o Shri Jagveer Singh, Aged About 35
Years, Resident Of 304, Rajendra Nagar, Bharatpur (Raj.)
7. Dr. Sudarshan Gothwal S/o Shri Jagdish Prasad Gothwal,
Aged About 36 Years, Resident Of B-29, Hari Marg,
Malviya Nagar, Jaipur (Raj.)
----Petitioners
Versus
1. Union Of India, Through Secretary, Ministry Of Health And
Family Welfare, Government Of India, Maulana Azad
Road, New Delhi - 110001
2. The National Medical Commission, Through Its
Chairperson, Pocket 14, Sector-8, Dwarka, New Delhi
3. The Director General Of Health Services, Through Its
Director General, Room No. 446-A, Nirman Bhawan,
Maulana Azad Road, New Delhi -110108
4. National Board Of Examinations, Through Its Registrar,
Medical Enclave, Ansari Nagar, Ring Road, New Delhi -
110029
5. Medical Counseling Committee, Through Director General,
Directorate General Of Health Services, Ministry Of Health
And Family Welfare, Nirman Bhawan, Delhi - 110011
(Downloaded on 27/01/2021 at 10:13:49 PM)
(2 of 3) [CW-12470/2020]
6. State Of Rajasthan, Through The Principal Secretary,
Medical Education Department, Government Secretariat,
Jaipur (Raj.)
----Respondents
For Petitioner(s) : None present
For Respondent(s) : Mr.Ajay Shukla
Mr.Angad Mirdha - for MCC (through
video conferencing)
Mrs.Manjeet Kaur - for UOI (through
video conferencing)
Mr.Harshal Tholia for Dr.VB Sharma,
AAG
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
25/01/2021
The prayer sought in the present writ petition is for providing
30% reservation to in-service doctors in the matter of admission
in DM/MCH courses.
The petitioners have also prayed for giving suitable directions
to the respondents by restoring the position of reservation to in-
service candidates existing prior to passing of the judgment in the
case of State of UP & Ors. Vs. Dinesh Singh Chouhan decided
on 16th August, 2016 in view of the judgment dated 31 st August,
2020 in the case of Tamil Nadu Medical Officers Associates &
Ors. Vs. Union of India.
Learned counsel for the respondents informed this Court that
this matter has been decided by the Apex Court on 27 th November,
2020 in the case of Dr.Prerit Sharma & Ors. Vs. Dr.Bilu BS &
Ors. (Civil Appeal No.3840/2020), wherein the Apex Court has
held that reservation to in-service candidates to Super-specialty
courses will not be granted for the academic year 2020-21.
(3 of 3) [CW-12470/2020]
Learned counsel further submitted that the counselling
process has also been allowed to be conducted without giving any
reservation to the in-service candidates to the Super-specialty
courses.
This Court finds that the Apex Court in the case of Dr.Prerit
Sharma & Ors. (supra) has rejected claim of in-service candidates
to Super-specialty courses for the academic year 2020-21 and as
such, the present writ petition does not require any adjudication
from this Court and accordingly, the same is dismissed in view of
the judgment passed by the Apex Court in the case of Dr.Prerit
Sharma & Ors. (supra).
(ASHOK KUMAR GAUR),J
Preeti Asopa /Monika/57
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