Subsequent policy detrimental to the interest of beneficiaries cannot be given retrospective effect.

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 been modified in the year 2009. The concerned State Government has been accorded power to allocate 10% additional marks for each year upto the maximum of 30% to the in service candidates who have worked in remote/difficult/rural area. The State Government, pursuant to 2009’s amendment issued the Government Resolution dated 20-05-2010 and took a policy decision to allocate 10% additional marks to the in service candidates for each year. The said additional marks are to be added in the marks obtained by the concerned candidate in the NEET exam and after adding the said marks, candidate will be considered for the admission to the Postgraduate Course.

5. The State Government, in order to give benefits of 10% additional marks has earmarked the area as remote area, difficult area and rural area as prescribed in the aforesaid government resolution. The Health Centres situated in 33 districts have been notified as situated in remote area, difficult area and rural area. Thus, in service candidate who has served in the said areas would be entitled to the benefits under the 2010’s Government Resolution.

6. Another Government Resolution came to be issued on 03-05-2011 by the State Government laying down the procedure and the entitlement of the candidates for getting additional incentive marks. It is specifically mentioned in the said Government Resolution that the procedure would be applicable for the academic year 2011-2012 onwards.

7. The said procedure laid down in 2011’s Government Resolution was being followed till the year 2018. However, on 05-04-2018 the MCI has amended the regulation of 2000. The State Government has been given authority to notify the remote/difficult/rural areas from time to time in order to give benefit of additional 10% marks per year to in service candidate. Accordingly, the State Government has issued the impugned Government Resolutions dated 19-03-2019 prescribing the procedure for allotting the additional marks on the basis of facilities available in the concerned area where Health Centres are situated. Marking system has been put in place, to define remote/difficult/rural area etc. For example, if Health Centre is situated in tribal area, 3 marks will be allotted. If it is situated in Naxalite area, 2 marks will be allotted. If it is situated in hilly area, 2 marks will be allotted. If it is situated in rural area, 1 mark will be allotted etc.

8. The area will be classified as remote area if overall marks fall between 6.1 to 10. The in service candidates working in such Health Centres would be awarded 10% additional marks per year. The difficult area is the one where the marks fall between 3 to 6. The in service candidate working in such centre would be awarded 7% additional marks per year. The rural area is where the marks would be l