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2017 Supreme(SC) 571
SUPREME COURT OF INDIA
L. NAGESWARA RAO, NAVIN SINHA, JJ.
State of Punjab & Anr. – Appellants
Versus
Rajesh Kumar & Ors. Etc. Etc. – Respondents
Civil Appeal Nos. 8171-8173, 8168-8170, 8174-8176 & 8177 of 2017 (Arising out of SLP (C) Nos. 15090-15092, 14970-14972, 15674-15676 & 15483 of 2017)
Decided On : 25-05-2017
IMPORTANT POINTS
In case of disagreement with decision of a coordinate Bench, matter should have been referred to a larger Bench.
In case a notification is found to be vitiated by unreasonable classification, High Court should remit the matter back to the Government for fresh consideration instead of giving directions.
Headnote:(a) Administration of justice – Judicial discipline – Notifications issued in conformity of High Court judgment in LPA No.1043 of 2013 – Presently High Court differing with view of the coordinate Bench holding that the same is not relevant – In case of disagreement with decision of a coordinate Bench, matter should have been referred to a larger Bench. (Para 14)
(2011) 2 SCC 94; (2014) 13 SCC 759 – Relied upon
LPA No.1043 of 2013 – Referred
(b) Administration of justice – Judicial propriety – High Court holding the notification to be vitiated by unreasonable classification – High Court ought to remit the matter back to the Government for fresh consideration – Instead High Court giving directions – Not proper – Constitution of India, Article 226. (Para 15)
(c) MCI Regulations, 2000 – Regulation 9 (IV) – Regulation 9 is a complete code – Proviso thereto is enabling provision – Admission to post graduate courses to in-service doctors – Government directed to reconsider the entire matter pertaining to the incentive to be given to the Rural Medical Officers afresh by keeping in mind the objective of Regulation 9 as interpreted Dinesh Singh Chauhan’s case. (Para 18)
(2016) 9 SCC 749 – Relied upon
Facts of the case:
The Department of Medical Education and Research (Health-III Branch), Government of Punjab notified admissions to Post Graduate degree/diploma courses for the year 2017-2018 on 29.03.2017. The notification provides for an incentive of 30 per cent of total marks obtained in NEET (PG), 2017 to be granted to in-service doctors of PCMS/PCMS (Dental).
The High Court found fault with the policy of the State Government in not extending the benefit of weightage given to in-service doctors to Government seats in private medical colleges.
The High Court held that restricting the grant of the incentive for service in remote/difficult areas only to in-service PCMS doctors was violative of Regulation 9 (IV) of the MCI Regulations. The High Court directed the Rural Medical Officers employed in Zila Parishads to be granted the benefit of incentive for service in remote/difficult areas subject to the same conditions of the eligibility as PCMS doctors. There was a further direction that the benefit of the proviso to Regulation 9 (IV) shall be granted for admission to Government seats in private medical institutions also. The High Court also directed recasting the merit list for admission to Postgraduate courses.
Finding of the Court:
Impugned judgment is not sustainable.
Result: Appeals disposed of.
JUDGMENT :
L. Nageswara Rao, J.
Leave granted.
The office report shows that some of the Respondents are not served. As the contesting parties are represented through counsel and in view of the urgency of the matter, we have heard these Appeals finally.
2. The above Appeals are filed against the judgment of the High Court of Punjab and Haryana. For the sake of convenience, we will refer to the facts of the Appeal filed by the State of Punjab.
3. The Department of Medical Education and Research (Health-III Branch), Government of Punjab notified admissions to Post Graduate degree/diploma courses for the year 2017-2018 on 29.03.2017. As per the said notification, the eligibility criteria and the other conditions shall be as prescribed in the Information Bulletin for National Eligibility-cum-Entrance Test (NEET) (Post Graduate) for admission to MD/MS/Post Graduate courses 2017. Clause 17 (III) of the notification dated 29.03.2017 provides for an incentive of 30 per cent of total marks obtained in NEET (PG), 2017 to be granted to in-service doctors of PCMS/PCMS (Dental).
4. The eligibility criteria provided in Clause 17 (IV) are as follows:-
“17. Distribution of Seats in Govt. Institutions (Govt. Medical/ Dental College, Amritsar & Patiala, GGS Medical College, Faridkot)
[…]
IV. Eligibility Criteria:
For in-service Regular PCMS/PCMS (Dental) doctors :
a. The Eligibility requirements for grant of incentive shall be as under:
i. Regular PCMS/PCMS (Dental) employee
ii. Has completed 4 full years (48 months) service in very difficult (Category D) area or 6 full years (72 months) service in difficult (Category C) area or an appropriate combination of both. In case of candidates who have completed 5 full years (60 months) of service (as on 01-01-2012), they should have completed 2 full years (24 months) of service in most difficult areas or 3 full years (36 months) of service in difficult areas. Very difficult (Category D)/Difficult (Category C)/Most Difficult/Difficult area, as case may be, shall be defined by Department of Health & Family Welfare, Government of Punjab.
iii. RMOs once they are selected in PCMS/PCMS (Dental), will be given benefit of rural service rendered by them as RMOs under Zila Parishad.
iv. Has cleared probation period
v. Has good service record
vi. Has no vigilance/departmental/disciplinary inquiry pending against him/her.
vii. Will have 10 years of service left after completion of the course.”
Respondents No.1 and 2 challenged Clause 17 of the notification dated 29.03.2017 to the extent that the incentive of 30 per cent of the total marks obtained in the NEET (PG) 2017 was restricted only to in-service PCMS/PCMS (Dental) doctors. The grievance of the writ petitioners was that Rural Medical Officers (RMOs) were excluded from the benefit of the incentive of 30 per cent of the total marks obtained in the NEET examination for the purpose of admission to Post Graduate courses.
5. The writ petitioners relied upon Regulation 9 (IV) of the MCI Postgraduate Medical Education Regulations, 2000 to contend that the incentive of a maximum of 30 per cent of the marks obtained in the NEET (PG) examination should be extended to Rural Medical Officers who have worked in remote and difficult areas. They relied upon the judgment of this Court reported in State of UP v. Dinesh Singh Chauhan, (2016) 9 SCC 749 to contend that Regulation 9 is a complete code governing the admissions to medical courses and the State Government has no authority to issue instructions contrary to the Regulations. The High Court framed three questions for consideration which are as follows:-
“(i) Whether restricting the grant of incentive for service in remote or difficult areas to PCMS/PCMS (Dental) doctors while not granting it to Rural Medical Officers employed by the Zila Parishads is illegal being contrary to the intent and requirement of proviso to Regulation 9 (iv) of the MCI Regulations?
(ii) Whether limiting the grant of incentives for such service for admission to post
