VidhiSangh

Supreme Court of India · 22/07/2022

HEMANT KUMAR VERMA & ORS. versus EMPLOYEES STATE INSURANCE CORPORATION & ORS.

[2022] 7 S.C.R. 184 · 2022 INSC 744

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Summary

Junior resident doctors who had studied at ESIC medical colleges, and who continued serving ESIC institutions after completing their bond period, sought inclusion in the 50% "in-service" quota for postgraduate seats that is available to Insurance Medical Officers Grade-II. The Supreme Court dismissed their Article 32 petition. Junior residents hold contractual posts that arise from the bond condition and are governed by the ESIC Residency Scheme. IMO-II doctors are recruited regularly to permanent posts under the 1959 Regulations, and they continue serving ESIC after their postgraduate studies. The in-service quota is an incentive for such permanent officers, so the two classes are not at par. Institutional preference is constitutionally permissible, but whether to adopt it is a policy choice that the Court will not direct by mandamus.

Issues

  1. Whether junior resident doctors serving in ESIC institutions are 'in-service' doctors entitled, on parity with IMO-II doctors, to the 50% in-service reservation for postgraduate courses.
  2. Whether the Court can direct ESIC by mandamus to provide institutional preference to junior residents in postgraduate admissions.

Provisions considered

Held

Result

Writ petition dismissed.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 184.