SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Raj) 206

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
AKIL ABDUL HAMID KURESHI, SAMEER JAIN, JJ.
Dr. Neha Choudhary D/o Shri Ramdev Singh – Appellant
Versus
State of Rajasthan and Others – Respondents
D.B. Special Appeal Writ Nos. 201, 202 of 2022
Decided On : 25-01-2022

Advocates:
Advocate Appeared:
For the Appellants : Yash Pal Khileree, D.S. Beniwal.
For the Respondents: Angad Mirdha, Harshal Tholia, Vibhuti Bhushan Sharma.

Headnote:

Medical Council of India Postgraduate Medical Education Regulations, 2000 - Service of government/public authority - Posted in remote or difficult areas or rural areas - Dispute with this cut off date - Appeal is filed by the original petitioner She along with other petitioners are doctors serving in Rajasthan State services - They have been posted in remote or difficult areas or rural areas - State policy recognises graded incentive marks for such doctors for purpose of giving admissions in postgraduate medical courses - Such experience has to be reckoned as gained by them for current process of admissions in PG medical courses - They have dispute with this cut off date - They contend that such cut off date should be shifted - writ petition in which the prayer made is to direct the respondent authorities to consider their experience of service in Government hospitals – Held, Counselling would depend on several factors - Suggestion that experience gained by the candidate right till first date of counseling is therefore not acceptable - There is yet another angle to this issue. perusal of the State policy would show that incentive is granted to ensure that sufficient numbers of doctors are available to serve in remote, difficult and rural areas - On account of difficult living conditions in such areas these doctors would also suffer a degree of handicap in their preparations of PG medical entrance examinations - To offset such handicap incentive is being offered - Appeals are dismissed.

JUDGMENT :

1. These appeals arise of the common judgment of the learned Single Judge dated 10.01.2022 in respective petitions. Issues being similar we may notice facts from D.B. Civil Special Appeal No. 201/2022. This appeal is filed by the original petitioner No. 9. She along with other petitioners are the doctors serving in the Rajasthan State services. They have been posted in remote or difficult areas or rural areas. The State policy recognises graded incentive marks for such doctors for the purpose of giving admissions in postgraduate medical courses. Such experience has to be reckoned as gained by them upto 30.09.2021 for the current process of admissions in PG medical courses. They have dispute with this cut off date. They contend that such cut off date should be shifted to 31.10.2021. They therefore filed the writ petition in which the prayer made is to direct the respondent authorities to consider their experience of service in Government hospitals till 31.10.2021. The learned Single Judge dismissed the writ petitions upon which these appeals have been filed.

2. Learned counsel for the appellant submitted that in the present year due to variety of reasons the process of admission in PG medical courses has been delayed. Taking cognizance of such delays the State Government itself has shifted the date for considering experience from originally declared which was 30.04.2021 to 30.09.2021. The Government did not take into consideration the fact that admission process has been further delayed. Ideally the first date of counselling should be the date upto which the experience should be seen. This was the past practice. Ignoring such facts the State Government has refused to extend the last date of 30.09.2021 for considering the experience of in-service doctors. The learned Single Judge has committed an error in dismissing the writ petitions.

3. Learned Government Advocate opposed the appeals contending that it is the question of policy decision of the State Government. The Government after due consideration decided to extend the last date for considering the experience upto 30.09.2021. Thereafter there was no further reason to extend the time. The petitioners have no vested right to insist that such incentive must be granted upto the date of counselling. The learned Single Judge has therefore rightly dismissed the petitions.

4. Learned counsel for National Medical Commission (NMC) submitted that NMC has no direct role to play. He however submitted that the additional marks being granted to in-service doctors posted in remote areas is by way of incentives. The petitioners have no vested right to claim such incentive dehors the Government policy.

5. The State Government has framed a policy for granting incentive marks to in-service doctors posted in difficult, remote and rural areas under which for every completed year of service 10% marks would be added in the tally of candidate scored in the NEET examination with the ceiling of 30% marks weightage which may be made available. In the past such policy was subject matter of challenge before this Court and thereafter before the Supreme Court. The Supreme Court in Special Leave to Appeal (C) No. 11692/2017, Dr. Amit Bagra and Others vs. State of Rajasthan and Others, decided on 15.12.2017 while not disapproving the policy for granting such incentive, was of the opinion that the parameters applied by the State Government for identifying such remote and difficult areas were not valid in law. Consequently while disposing the appeal the Supreme Court held that admissions made for the academic year in question would not be disturbed. However by the end of February, 2018 the State Government should consider the remote as well as difficult areas considering the judgments mentioned in the order and the extent of percentage of marks in terms of the regulations may also be specified as may be considered appropriate.

6. We are informed that subsequently the State Government has revived its polic

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon Back to top