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The court observed that the notification prima facie is discriminatory in nature towards students, who did their post-graduation from private medical colleges.
Several aspirants moved the high court challenging the notification as it permitted only the students, who studied PG courses in government medical and dental colleges.
Completing one year as senior resident is mandatory to become eligible to apply for the post of assistant professor in medical colleges, as per the norms prescribed by the National Medical Council.
Arguing on behalf of the petitioners, advocates K Kirnmayi and G Kavitha told the high court that the notification issued by the DME by changing the eligibility criteria is discriminatory towards students, who studied in private medical colleges.
Though the curriculum and examination pattern is the same for both private and government colleges, the notification includes only students from government colleges which is not only discriminatory but also infringing the rights of the petitioners guaranteed under Articles 14 and 15(4) of the Constitution.
Arguing on behalf of the DME, B Ramesh said the notification is not discriminatory.
According to Ranesh there are other avenues available for students, who studied in private medical colleges. He said every private medical college will also be having senior resident posts which is a mandatory requirement, and they can avail of the opportunity in those colleges.
Considering the arguments, Justice Gannamaneni Ramakrishna Prasad observed that the notification prima facie appears to be discriminatory towards students, who studied in private medical colleges. Staying the notification, the high court directed the DME to file a counter affidavit and posted the matter for final hearing to December 7.
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