news details |
|
|
| HC uphelds SRO 430 | | | Early Times Reporter
Jammu | June 5
Giving relief to the people living in rural pockets Jammu and Kashmir High Court on Thursday upheld the government order restricting admission of those in-service candidates to Post Graduate Courses/Super Specialty Courses in the Medical Colleges of the State who had not completed two years actual rural service, so that requisite health facilities were provided to those residing in rural areas of the State.
Justice J. P. Singh of J&K High Court in a significant judgment dismissed Petition filed by Dr. Kailash Chander & Ors, holding that the restriction placed on in-service doctors on their eligibility to participate in the Entrance Examination Test for undergoing Post Graduate Courses/Super Specialty Courses in the Medical Colleges of the State only when they had actually served in rural areas for two years candidates to be reasonable and justified.
Eleven doctors filed writ petition calling in question SRO 430 of 2007 dated 27.12.2007 in terms whereof only such in-service Assistant Surgeons, who had actually served in a rural area for not less than two years, would be eligible to undergo Post Graduate Courses/Super Specialty Courses, on the ground that restriction placed by the Government on in-service Assistant Surgeons before seeking participation in Entrance Examination for selection to the Post Graduate Courses/Super Specialty Courses in the Medical Colleges of the State, was arbitrary, unjust and unwarranted being in violation of Article 14 of the Constitution of India.
Defending amendment introduced Vide SRO 430 of 2007 to Jammu & Kashmir Government Medical Colleges (Selection of Candidates for Post Graduate Degree and Diploma Courses) Procedure Order, 1995, the State respondents argued that there was shortage of doctors in rural areas of the State and to meet the requirement of improving public health, particularly in remote and backward regions of the State, the State Government, pursuant to the directions issued in a Public Interest Litigation, to the State functionaries to devise ways and means to ensure presence of doctors in rural areas, to take care of the heath of those who reside in these areas, had undertaken a drive to post doctors in these areas. These doctors, when appointed to the government service, would, however, in one or the other way, manage their posting in urban areas thereby affecting State's resolve to cater to the need of public health in rural areas.
It was because of this reason that SRO 430 of 2007 was introduced restricting admission of those in-service candidates to Post Graduate Courses/Super Specialty Courses in the Medical Colleges of the State who had not completed two years actual rural service, so that requisite health facilities were provided to those residing in rural areas of the State.
Justice J. P. Singh after hearing the counsel for parties dismissed the writ petition observing that "SRO 430 of 2007 is thus, certainly a step in the direction of achieving the object contemplated by Section 24 of the Constitution of Jammu and Kashmir. Besides that, it is a step of the State Government in ensuring protection of fundamental rights of those living in rural areas to enjoy life with dignity, which right flows from Article 21 of the Constitution of India. The restriction placed on the in-service doctors to participate in the Entrance Examination for undergoing Post Graduate Courses/Super Specialty Courses IN THE Medical Colleges of the State, has a rational relation with the object which the State Government wants to achieve by ensuring presence of doctors in rural areas so that it is able to achieve the object contemplated by Section 24 of the Constitution of Jammu and Kashmir State and further ensures protection of fundamental rights of those living in rural areas." |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
