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MANGESH S. PATIL, S. G. CHAPALGAONKAR
Sandeep S/o. Ashokrao Ragade – Appellant
Versus
State of Maharashtra, Through its Secretary, Public Health Department – Respondent
JUDGMENT :
Mangesh S. Patil, J.
Heard.
2. Rule. Rule is made returnable forthwith.
3. At the joint request, the matter is heard finally at the stage of admission.
4. In substance, the averments of the petitioner are to the effect that he is a MBBS who was appointed as Medical Officer Class – I on temporary basis at Rural Health Training Center, Paithan, District – Aurangabad on 01.06.2016. He completed 5 years at the same post satisfactorily. He was given a permanent appointment and posting at Primary Health Center, Nandar, Tq. Paithan, District - Aurangabad with effect from 01-07-2021, which he joined on 13-07-2021. Having worked in the rural area for more than 3 years, he is entitled to derive the benefit of weightage of marks as an in-service candidate in NEET-PG-2023. When he approached the respondents with a request to grant him no objection certificate it was refused for wrong reasons ignoring the specific clauses 5.2, 5.5 and 6.3 of the Government resolution dated 19-03-2019. Hence he has challenged the order refusing to grant no objection certificate dated 23-01-2023 and has sought a declaration to that effect.
5. The petitioner also claims that similarly situated candidate by na
The main legal point established is the interpretation and application of the Rajasthan Rural Medical and Health Services Rules, 2008, particularly in determining the eligibility of the petitioner fo....
The judgment emphasizes the importance of meeting the specific criteria outlined in regulations and notifications to claim entitlement to benefits or incentives.
It is well-settled that the expressions “means” and “means and includes” are exhaustive and specific in nature, unlike “includes” in isolation, which may indicate an inclusive definition.
Subsequent policy detrimental to the interest of beneficiaries cannot be given retrospective effect.
Point of Law : Expression "continuous" was a requirement for 5 years service, the said requirement appears to have been done away with consciously in the Rules of 2012 which is holding the field as o....
Imposing mandatory rural service for admission to postgraduate medical courses is arbitrary, creates unjustified reservations, and infringes the rights of qualified non-in-service candidates.
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