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2022 Supreme(Bom) 797

RAVINDRA V.GHUGE, ANIL L.PANSARE
Mangesh Babasaheb Sanap – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A. N. Nagargoje
For the Respondent: Mr. A. R. Kale, Mr. S. K. Kadam

JUDGEMENT :

Anil L. Pansare, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsels for the parties.

2. The petitioners are doctors in service. They are seeking directions against the respondents to allot them 10% marks for each year of the service rendered by them in difficult/hilly/rural area as an incentive as per the Government Resolution dated 20-05-2010 and 03-05-2011. Their further prayer is to hold that the cases of the petitioners will be governed by these two government resolutions and not by new policy framed vide two government resolutions dated 19-03-2019 read with Corrigendum dated 26-03- 2020.

3. The petitioners are seeking admission to the Postgraduate Medical Course under in service quota. According to the petitioners, Medical Council of India (for short ‘MCI’) has framed regulations namely the Postgraduate Medical Education Regulations 2000, which prescribed procedure for taking admission to the Postgraduate Medical Course. This regulation has been amended from time to time and lastly on or about May, 2018.

4. Initially, there was 50% reservation in Postgraduate Course for the in service candidates. The said reservation has b

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