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
- 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.
- Whether the Court can direct ESIC by mandamus to provide institutional preference to junior residents in postgraduate admissions.
Provisions considered
- Section 59B, Employees' State Insurance Act, 1948This section empowers ESIC to establish medical colleges. The petitioners studied in such colleges and served as junior residents under the bond condition. (¶ 1)
- Article 32, Constitution of IndiaThe petitioners invoked this jurisdiction to seek a declaration and a mandamus. Both were refused because the two classes are distinct and institutional preference is a matter of policy. (¶¶ 2, 9, 10, 11)
Held
- Under the Memorandum of 28.07.2020, the bond period was reduced to one year, and the reduction extended to pass-outs already serving under bond. The petitioners had completed that period and were free to leave. (¶ 7)
- Junior residents hold contractual posts that arise directly from the bond, under the ESIC Residency Scheme. IMO-II doctors are recruited regularly to permanent posts under the ESIC Staff and Conditions of Service Regulations, 1959, and continue serving ESIC after postgraduate study, whereas junior residents are not bound to. The in-service quota is an incentive for officers serving until superannuation, so the two classes are not at par. (¶¶ 8, 10)
- Institutional preference in postgraduate medical admissions, based on NEET rank, is permissible and constitutional (Pradeep Jain, Saurabh Chaudri, Yatin Kumar Jasubhai). Whether to provide it is a policy decision for the authority, and the Court cannot compel it by mandamus. (¶ 9)
Result
Writ petition dismissed.