I am a Senior Resident doctor currantly working in the Govt Medical college in karnataka on contract basis. In June 2008, I appeared for the Interview for the regular post of Senior Resident in psychiatry for which seven applicants were there including myself and the MCI norms for the eligibility is MBBS wth 3 years experience but the Institute ie the Medical college insisted higher qualification in MD as the eligibility to apply and since I had MBBS with DPM with 16 years teaching experience, being eligible as per the MCI norms, I appeared for the walk in interview along with 6 other applicants who also had MBBS with DPM and we all were interviewed but the selection list was not announced in my specialty ie psychiatry, as the institute insisted for MD. The institute recruited 54 Senior Residents in various other specialites from the same notification as all of them had higher qualification in MD. when I objected, they renotifed on 18/8/ 2008 and said in the notification that if there are no MD candidates then DPM candidates will be taken on contract and I was selected by the selection commitee on contract for the existing 3 vacancies for which I was the only candidate and no MD candidate or DPM with experience came and, though it was a regular post I was taken on contract and I started working on contract from 1/10/ 2008 till date.
I filed a writ petition in the high court of Karantaka in march 2009 for regularization of services and the Hon'ble justice passed an order in June 2012, following an affidavit by the Medical council of India ( MCI) , that insisting MD as the eligibility for the post of senior resident is bad in law and they said MBBS with 3 years experience is sufficient for the post of Senior Resident and also it was ordered that the Institute should renotify when vacancies arises and to give weighage for the petitioner for the services rendered for working on contract all these years including age relaxation for attending the interview. MCI affidavit to the High court in response to my writ petition, clearly says that MCI is the highest body to maintain standards in the Medical colleges as per the parliament's Act and the state Govts or the Medical colleges have no power to ask higher qualifications according to their conveience and also few supreme court judgements have aggreed on this issue.
Also, one MBBS with DPM candidate was selected in march 2009 at another Govt Medical college in karnataka and the governing council is the same for both Govt Medical colleges and hence I am planning to file writ appeal under right to equality.
Is there a chance to suceed ?
Dr Hari
