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2018 Supreme(Raj) 520

ALOK SHARMA
AJEET BAGRA – Appellant
Versus
UNION OF INDIA – Respondent


Advocate Appeared:
A.K Jaiman, A.K Sharma, Angad Mirdha, Deepak Bishnoi, Kunal Jaiman, Kushagra Sharma, N.M Lodha, Purvi Mathur, R.P Singh, Rajendra Prasad, Sahir Hussain, Sheetanshu Sharma, Advocates

JUDGMENT AND ORDER :

Alok Sharma, J.

Under challenge is the Notification dated 28.2.2018, whereby the State Government purporting to act pursuant to the judgment of the Apex Court in SLP No. 11692/2017 titled Dr. Amit Bagra & Ors. Versus State of Rajasthan & Ors. decided on 15.12.2017 has notified "remote and/or difficult areas" in the proviso to Regulation 9(IV) of the Medical Council of India Postgraduate Medical Education Regulations, 2000 (hereafter 'Regulations of 2000') for grant of incentive marks to in-service Doctors while drawing of a merit list based on National Eligibility cum Entrance Test, 2018 (hereafter 'NEET 2018') for admissions into Post Graduate Diploma and Degree Courses in Medicine. The petitioners have submitted that the Notification dated 28.2.2018 is not compliant with the directions of the Apex Court to which it adverts, in-fact in its cross-hairs, contemptuous and also a colourable exercise of power by the State Government. Therefore it is liable to be quashed and set-aside.

2. The case of the petitioners is that having completed their MBBS Degree programme and eligible, they wrote the NEET, 2018 seeking admission to the courses of their choice in P.G. (Medi






























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