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Madhya Pradesh High Court · body

1977 DIGILAW 412 (MP)

Om Prakash Gupta v. State of M. P.

1977-10-08

C.M.LODHA, R.L.MURAB

body1977
Short Note : 1. It was a petition under Article 226 of the Constitution of India, whereby the petitioner had prayed that a direction be issued to the State of M.P. and other respondents. to allow the petitioner to continue on the post of Honorary House Officer in the department of Paediatrics Medical College, Gwalior, till he completed the terms of One year with effect from 1st April, 1977 The petitioner's case was that according to Rule 12 of the Rules for selection of candidates for appointment as House Officers in the Medical Colleges from 1977 made by the Government 'of M.P., Public Health and Family Planning Department, the Chairman, Medical Council, were bound to permit the petitioner to complete the full terms of one year with effect from the date of his appointment i e. 1st April 1977 to 31st March 1978. 2. Held: Much emphasis has been laid by the 'learned counsel for the petitioner on, Rule 13 of the Rules which provides that the tenure of appointment shall be strictly for a period of one year in the same subject. But it needs to be pointed out that the petitioner was not selected a candidate for appointment as House Officer in the paediatrics Department by the College and Hospital Council and, therefore, the said Rule does not help the petitioner His appointment was outside the Rules for a shorter period at his own request and within his knowledge. He, therefore, cannot now turn round and take shelter under Rule 13 of the Rules. Petition dismissed.