Dr. Vijendra Dhanware & Another Vs. The State of Madhya Pradesh and others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 25819 of 2021, Judgment Date: Jan 14, 2022

Law laid down -

Admission Rules – Definition of ‘in-service candidates’ also includes the Medical Officers working in District Hospital whether or not such Hospital is situated in difficult, remote or rural area. Thus, they are entitled to be considered as special entry under 30%.

MCI Regulations – Regulation 9(8). This regulation is applicable to Diploma Course and not to Degree or Post Graduate Degree Course. No provision was brought to the notice of the Court to show that posting at remote, difficult or rural area is essential to become in-service candidate for Post Graduate Degree Course.

Interpretation of Statutes – If language of statute is plain and unambiguous, it has to be given effect to irrespective of its consequences.

Constitution of India – List and Entries related to power of Central Government/MCI and State Government – The argument of State that MCI Regulation 9(8) holds the field and therefore the Admission Rules and Orders must be in line of Regulations and anything repugnant to Regulations must be eschewed is found to be devoid of substance because the said regulation does not deal with Degree Course at all.

Policy decision of Government – The scope of judicial review is very limited. The Government is best suited to take a policy decision which can be interfered with if shown to be palpably arbitrary, discriminatory or unconstitutional. The order / policy dated 28/3/2019 is not arbitrary, discriminatory or unconstitutional.

Practice and Procedure – The constitutionality / validity of policy decision is not called in question. In absence thereto, Court cannot re-write the policy or insert something in the said policy. The policy is to be read as such.

Dr. Vijendra Dhanware & Another Vs. The State of Madhya Pradesh and others