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2022 Supreme(Ker) 59

N.NAGARESH
Vikas R. S, S/o. K. Ramachandran Achari – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Elvin Peter P.J., K.R.Ganesh, Gouri Balagopal, Abhijith.K.Anirudhan, Sreelekshmi A.S.
For the Respondent: SRI.P.G.PRAMOD, adv

JUDGMENT :

The petitioner, who holds MBBS Degree and who is working as Assistant Surgeon in the Department of Health Services under the Government of Kerala, seeks to direct respondents 1 and 2 to consider the petitioner and other in-service candidates employed as Medical Officers in the Government service for admission for Postgraduate Medical Courses for the academic year 2021-22, in the general merit seats granting them the incentive as provided in the proviso to Regulation 9(4) of MCI Regulations, 2000 read with Ext.P4. The petitioner also seeks to declare that Ext.P7 to the extent it does not provide for incentive for in-service Medical Officers in the service of the Government as laid down in the proviso to Regulation 9(4) of the MCI Regulations for seeking admission in the general merit seats along with the general merit candidates is illegal and violative of Articles 14, 21 and 254 of the Constitution of India.

2. The petitioner claims that he is entitled to the incentive provided under Regulation 9(4) of the Medical Council of India Postgraduate Medical Education Regulations 2000, grantable to service in remote and/or difficult areas or rural areas. The petitioner states tha

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