Pradeep Nandrajog, J.

D.B. Civil Misc. Application No. 21989/2019 in DBSAW No. 512/2019:-

For the reasons mentioned in the application, the same is allowed.

D.B. Special Appeal Writ Nos. 512/2019, 514/2019, 513/2019 and 531/2019:-

1. Admission to Post Graduate (Medical) Course in different discipline has once again arisen for consideration in the State of Rajasthan. Postgraduate Medical Education Regulations 2000, as amended from time to time govern the field. Prior to the amendment made on 05/04/2018 to the proviso to Regulation 9 (IV), the proviso read as under:-

"Provided that in determining the merit of candidates who are in-service of Government/public authority, weightage in the marks may be given by the Government/Competent Authority as an incentive at the rate of 10% of the marks obtained for each year of service in remote and/or difficult areas upto the maximum of 30% of the marks obtained in National Eligibility-cum-Entrance Test, the remote and difficult areas shall be as defined by State Government/Competent authority from time to time."

2. Amendment made on 05/04/2018 to the Regulation reads as under:-

"Provided that in determining the merit of candidates who are in-service of government/public authority, weightage in the marks may be given by the Government/Competent Authority as an incentive upto 10% of the marks obtained for each year of service in remote and/or difficult areas or Rural areas upto maximum of 30% of the marks obtained in National Eligibility-cum-Entrance Test. The remote and/or difficult areas or Rural areas shall be as notified by State Government/Competent authority from time to time."

3. Before noting the specific legal issue which arises for consideration in the appeal a backdrop of judgments delivered in the past concerning the proviso prior to its amendment in the year 2018 needs to be highlighted. In the decision reported as: AIR 2017 SC 2884 : Narendra Soni & Ors. Vs.

State of Haryana & Ors. the Supreme Court held that neither word remote nor difficult area, used in the proviso, has been defined anywhere. In common parlance, identification of the same would require a consideration of host of factors, such as social and economic conditions, geographical location, accessibility and other similar relevant considerations which may be a hindrance in providing adequate medical care requiring incentivisation. Prior thereto, on 02/07/2009, the Ministry of Health & Family Welfare, Union of India wrote to all the State Governments to provide the inputs and in February, 2009 evolved the criteria to determine remote and difficult areas on the following principles:-

"a. That the facilities are identified on the basis of how difficult it is for service providers to go and work in these areas-not on how well the health programme are faring or how difficult it is to provide services in these areas.

b. That the basis of identification would be an objective and verifiable data base which measures difficulty in four dimensions: the difficulty posed by the remoteness of a rural area, the difficulty posed by natural and social environmental factors, the difficulty a family would have in terms of housing, water, electricity and schooling and the record of success of the system in filling up the post in the past. The data-base to be prepared would be stored in such a manner that it could be regularly updated.

c. That one the data base is defined the scoring could be done by giving weightage to the various factors in any way the State or the Center wants it, and if need be different elements of the incentive package could be defined by different weightages and selections.

d. Of the four dimensions of difficulty, the most important would be assumed to be the remoteness and physical inaccessibility of the area, while other factors would be considered only if the distance from an urban area of district headquar