The State Of Madhya Pradesh & Ors vs Gopal D. Tirthani & Ors

Imparting instruction and giving education was philanthropy -a

pious duty - in the past, and later a service. In recent times it has

developed into a business and now it stands recognized as an industry.

A sizeable amount of litigation centres around medical education. The

national wealth of available seats is scarce while the aspirants,

desirous of sharing such wealth, are numerous. Every attempt at

laying down criteria for choosing the more deserving out of the several

aspirants is subjected to challenge before the Constitutional Courts of

the country. This time it is the State of Madhya Pradesh which is at

the receiving end and the issue is quota of seats for in-service

candidates. Carving out a quota for in-service candidates by the State

Government, assigning weightage for rural service, sub-classification

within classification for women candidates who have rendered rural

service, and holding of a separate eligibility test for determining the

merit of in-service candidates as distinguished from open category

candidates, are the issues canvassed before the High Court and

reiterated before this Court by the parties especially the State of

Madhya Pradesh. For the purpose of this judgment it is not necessary

for us to enumerate the facts of each individual petition as there were

many before the High Court. It would suffice to note the bones of

contention in the backdrop of a few bare essential events in their

chronological order.

In the State of Madhya Pradesh, as it exists today, subsequent

to the reorganization effected on November 1, 2000, leading to carving

out of the State of Chhattisgarh, there are five Universities imparting

medical education at under-graduate and post-graduate levels of

studies. There are 620 under-graduate seats while the seats at post-

graduate level of studies are 537, consisting of degree and diploma

courses both. A quota of 89 seats is earmarked for in-service

candidates, i.e., the doctors in the employment of the State

Government.

Madhya Pradesh, a State with a large land spread, still lives in

villages. The number of inhabited villages is 51,806 divided into 313

Blocks for the purpose of health services administration. There are

8835 sub-health centers which are the smallest rural units of public

health service covering a population of 3000 in tribal areas and 5000

in general or non-tribal areas. At each sub-health centre, an ANM

(auxiliary nurse midwife) and a multi purpose male health worker is

posted. There are 1194 primary health centres which are rural health

units providing curative medical care and preventive health care

covering a population of around 50,000 of which 20,000 is tribal. One

MBBS medical officer with para-medicos is posted at PHCs. There are

229 community health centers situated at Block/Tehsil Headquarters.

Ideally, post graduate medical officers in Surgery, Obstetrics &

Gynaecology, Anaesthesia, Medicine and specialized in Paediatrics

under overall supervision of a block medical officer need to be posted

at each such community health centre (CHC). Then there are 169 first

referral units (FRU) which are community health centers equipped with

new-born care equipment, surgical equipment for emergency obstetric

care and care of high risk neonates. Post graduate medical officers

specially having qualified in Obstetrics & Gynaecology, Anaesthesia

and Paediatrics are required to be posted at such first referral units so

as to prevent mother and infant casualties. The total sanctioned posts

in the cadre of medical officers called Assistant Surgeons, which

includes Physicians as well, is 4670 against which only 3865 posts are

presently occupied. The occupants include those medical officers who

are recruited as a temporary measure on contract basis for a short

term. 805 posts are lying vacant. As to the posts which require PG

Degree/Diploma, the position is as under:-

Cadre

Strength

Posted

Vacant

Class-I Specialists

739 530 209

Class-I Specialists in CHCs

258 82 176

Medical Officers Class-II with

PG Degree

1606