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The Delhi High Court today issued notice in a plea by  post-graduate degree holders of the Master of Dental Surgery course (MDS) seeking direction to Maulana Azad Institute of Dental Sciences to engage them as Senior Residents for the complete tenure of three years or for an ad- hoc tenure of one year from the date of eligibility in accordance with the Advisory of the National Medical Commission dated August 9, 2021 which says that wherever the examinations have been held and the results are declared, the successful MD/MS candidates shall be designated as Senior Residents and be paid accordingly.

The Single Judge bench of Justice Prateek Jalan has issued notices to Union Of India, Delhi Government, Maulana Azad Institute of Dental Sciences, National Medical Commission (NMC) and Dental Council of India.

Advocate Sarthak Maggon appearing for the petitioners submitted that the petitioners have already completed the MDS degree and results of their exams have been declared, hece they should be considered as senior Residents as long as their services are required

Maggon further submitted that the petitioners graduated in July and now they have  lost all the opportunities to apply for senior resident doctors. The new batch is also dependent on the Supreme Court judgement.

Advocate Vikrant Vasudeva for the Maulana Azad Institute of Dental Sciences submitted that they have given the petitioners the option to leave if they wished to but now they are demanding senior residentship.

The Court however said that the Institute cannot  be vague in terms of the advisory issued by the NMC.

Advocate T Singhdev appeared for National Medical Commission who argued that the petitioners have relied on an advisory which is not a gazette notification. Moreover their motive was to engage themselves as senior residents for an extended period of time in the garb of the advisory.

The plea filed by three MDS degree holders have submitted that their terms of the tenure period of the was compulsorily extended by Maulana Azad Institute of Dental Sciences  till the joining of the incoming batch of 1st year post graduate students, i.e. batch of 2021- 2024 (“Fresh Batch”).

The exams of NEET- MDS exams for the Batch of 2021-22 have been conducted and the counselling was likely to begin on August 20, hence, the Fresh Batch was scheduled to join shortly thereafter. However, in view of the notice dated August 27, 2021 issued by Government of India, Directorate General of Health Services bearing, the counselling session has been temporarily put on hold, pending the decision of the Supreme Court in view of the decision of the Hon’ble Madras High Court dated 25.08.2021 in Contempt Petition No. 181 of 2021 in W.P. (C.) No. 8326/2020 in the matter of Dravida Munnetra Kazhagam v. UOI & Ors.

 The Petitioners have submitted that they not been provided with any information with regards to either the dates of joining of the Fresh Batch or the termination of the tenures of the Petitioners. Additionally, the Institute and other Government hospitals have not opened any vacancies for the post of Senior Residency in the field of specialization of the Petitioners pursuant to the said conjecture, after the already elapsed period between April 2021 till August 2021.

 The Petitioners have completed their final year exams and their results was declared on July 27, 2021, whereby all the Petitioners have successfully completed their post graduate courses.

The National Medical Commission has issued an advisory dated August 9, 2021  providing that wherever the examinations have been held and the results are declared, the successful MD/MS candidates shall be designated as Senior Residents and be paid accordingly.

In view of the afore- mentioned Advisory issued by NMC, many institutes have conferred upon their post graduate students, Batch – 2018- 2021 to the position of Senior Residency across the country as well as within the State of NCT of Delhi.

The Petitioners have therefore made a representation to the Institute along with the other Respondents herein to create vacancies for the Petitioners and employ/ engage the Petitioners as Senior Residents for the complete tenure of 3 (three) years or for an ad- hoc tenure of 1 (one) year from the date of their eligibility.

The Court has listed the matter for next hearing on November 23.

 

Case Title: DR. RIDAM SHARMA & ORS vs MAULANA AZAD INSTITUTE OF DENTAL SCIENCES & ORS