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regarding abolition of two year post pg remote posting

(Querist) 19 July 2008 This query is : Resolved 
Sir,
I am pg student from scb medical college,cuttack, orissa. I have taken admission under state quota (which is 50% of total seats). Here govt. has made a provision of two year compulsory post pg peripheral job for students of state quota. This was mentioned in prospectus of the entrance exam, how ever we have not signed any bond till now. the same rule is not applicable for all India quota students. this rule is hampering our prospects of higher studies. because the upper age limit for various higher studies is between 30 to 35 years.

Sir,
1) Will the court accept our case even if; this was mentioned in the prospectus of the form of entrance exam. 2) Is there any previous judgment related to this topic from any court of India is available, which can help us. 3) Is there any law related to higher studies available, which can help us. 4) Kindly give your suggestion related to this topic.
Thanks!
dr. neetesh kumar sinha
Prof. Dr. Amaresh Kumar (Expert) 20 July 2008
Since you had taken admission after having the knowledge that you are getting admission in 2 years PG programme. In other case as per UGC all the Post Graduate Programmes must be minimum of two years. You will have to complete the course. No escape either from any court will help you.
neetesh (Querist) 20 July 2008
neetesh (Querist) 20 July 2008
Sir,
Perhaps you couldn’t get my problem. Let me elaborate it
Course – Post graduation (MS / MD), which is done after MBBS
Duration – 3 yrs
Compulsory rural area job/posting (after completion of course) for – 2 yrs
So, total duration becomes 5 years
Now the problem is –
1.)This extra 2 yrs duty is only for them who have taken admission under state quota (all India quota people is spared)
2.) Most of us are interested for higher studies like; DM, MCH, Fellowship, SRship. But, the upper limit of age for taking admission in these courses varies from 30 – 35 yrs and many of us (state quota people) will be older than 30 – 35 yrs if we do the job
3.) After doing job for 2 years and then appear for any entrance examination and getting success will be next to impossible, as we’ll lose the advantage of being afresh academically. On other hand it will become advantage for people who have taken admission under all India quota.
So, indirectly the Govt. of Orissa is denying our right of Higher studies.
What is our plan –
We, state quota students will go to Court of Law against this unjust rule of Govt.
But the problem is that –
This rule was mentioned in the prospectus (Booklet) of the entrance examination which we had appeared for admission; however we have not signed any bond relating this rule till now.
We don’t know –
1.) The court will accept our case
2.) Judgment of any previous case in any court of India, which can be helpful to us.
3.) Any law in constitution of India / state law / education law which can rescue us

Thanking you!
Dr. Neetesh Kumar Sinha
SCB Medical College, cuttack, Orissa
Guest (Expert) 21 July 2008
Dear Neetesh,

The discrimination appears to be unreasonable and arbitrary. There must be uniform treatment for all the students without the bifurcation of the students on the basis of India and State.

The reasoning of the state may hold good if the fee collected from you is less then all india students, or if there are benefits given to you for being locla canditdates.

If there si no such difference in fees or other factors, the court will definitely step in to give justice.
neetesh (Querist) 21 July 2008
Thank you! Mr. Kotresh M G.
Sir,
The fee which we are giving & the stipend which we are getting are same and there is no difference of any other thing between all India and state quota students except that discriminating rule of doing 2 years rural area job for state quota students.
It will be more helpful to us if you will give us more specific advice in terms of the existing laws and previous judgments
neetesh (Querist) 25 July 2008
hi there!
Will any one help me on this querry please.
neetesh (Querist) 25 July 2008
hi there!
Will any one help me on this querry please.
manmeet singh arora (Expert) 28 July 2008
DEAR NITESH,

1. YOU HAVE A VALID REASON TO FILE A CASE
THE CLAUSE REGARDING AGE IS ARBITARY
2. IN ABOVE CASE YOU NEED TO CONTACT AN ADVOCATE EXPERIENCED IN DEALING EDUCATION MATTERS.
3.
I KNOW SUCH ONE PERSON WHO CAN HELP YOU OUT AT CUTTACK
HIS NAME IS ADVOCATE RAS BEHARI MOHAPATRA
ADDRESS- C.D.A SECTOR 11, AT NANDI GOSH
4. HE IS A SENIOR LAWYER AND QUIET EXPERIENCED AND CAN GIVE YOU BEST ADVICE.

BEST REGARDS,
MANMEET SINGH ARORA


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