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2013 Supreme(Pat) 695

MIHIR KUMAR JHA
Raghunath Kumar – Appellant
Versus
Union of India through the Director General of Health Services, Ministry of Health And Family Welfare, Government of India, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Yadu Vansh Giri.
For the Respondents: Mr. N.A. Shamsi.

JUDGMENT

Heard learned counsel for the parties.

2. The prayer of the petitioner in this writ application reads as follows:-

“To issue an appropriate writ/order/direction in the nature of Mandamus commanding the respondents to award weightage of 30% of the marks obtained by the petitioner in National Eligibility-cum-Entrance Test-PG (NEET-PG) for the academic session 2013 held from 23rd November to 6th December, 2012 which was conducted by the National Board of Examination, New Delhi as an incentive to serve more than three years in remote areas as an MBBS Doctor and then to re-determine the merit position of the petitioner.”

3. Mr. Yadu Vansh Giri, learned senior counsel for the petitioner, in support of the aforementioned prayer, has submitted that in view of the notification dated 15.2.2012 issued by the Central Government, whereby and whereunder, Postgraduate Medical Education Regulation, 2000 has been amended by the Medical Council of India that the previous approval of the Central Government, the petitioner would be entitled for being given weightage of 30% marks over the marks obtained by him in National Eligibility cum Entrance Test-PG (NEET-PG), inasmuch as, he has the expe









































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