The main legal point established is that administrative lapses should not deprive candidates of entitlements, and due care should be taken in issuing notifications and considering candidates' eligibility.

JUDGMENT

1. The instant writ petition has been filed by the petitioner seeking a direction to forward the application form of the petitioner for award of bonus marks while serving in rural area. The petitioner further seeks a declaration that service rendered by him at Community Health Centre (hereinafter as 'the CHC') Kaila Devi and CHC Shri Mahaveer Ji may be treated as a rural service and accordingly the petitioner be granted 10% bonus marks as per notification dated 18.05.2022.

2. Learned counsel-Mr. Amit Jindal appearing for the petitioner submitted that the petitioner initially came to be appointed as Medical Officer by an order dated 17.12.2020 and he was given posting at CHC Kailadevi, District Karauli. The petitioner joined at the aforesaid post on 23.12.2020. The respondents issued an order on 14.08.2021, whereby the petitioner was transferred to CHC Shri Mahaveer Ji, District Karauli on account of adjustment of some other person. The petitioner submitted his joining at CHC Shri Mahaveer Ji and started working there.

3. Learned counsel submitted that the respondents issued a notification dated 28.06.2021, whereby different Remote Difficult & Rural Areas were notified and certain Community Health Centres and Primary Health Centres were removed from such list.

4. Learned counsel submitted that in the meanwhile, the respondents conducted the NEET PG Examination and since the petitioner was eligible to participate in the said exam, he filled the requisite application form and appeared in the examination on due date.

5. Learned counsel submitted that on declaration of result of NEET PG 2022, the petitioner secured 525 marks out of total 800 marks.

6. Learned counsel submitted that the respondents issued a notification on 18.05.2022, in compliance of the order passed by the Apex Court in the case of Dr. Amit Bagra v. State of Rajasthan and Ors., whereby medical institutes, PHC & CHC were added in the list of remote/difficult/rural area.

7. Learned counsel submitted that name of CHC Shri Mahaveer Ji was mentioned at Serial No.10 in the second list by which name was amended and it was mentioned that now CHC Shri Mahaveer Ji will be known as PHC Gadmora.

8. Learned counsel submitted that an application was filed by the petitioner for award of bonus marks as he had worked at CHC, Kaila Devi and CHC Shri Mahaveer Ji, and the Controlling Officer of the petitioner has forwarded his application, which has been filed as Annexures 6 & 7 with the writ petition.

9. Learned counsel submitted that in spite of submitting application by the petitioner, his case was not forwarded to the Competent Authority because of the fact that he has not completed more than one year of service in the rural area.

10. Learned counsel further submitted that final notification dated 18.05.2022, was issued by the respondents, whereby three different tables were provided in the said notification.

11. Learned counsel submitted that the first table was in respect of those Medical Institutions which were added in Remote/Difficult/Rural category. The second table belongs to those Medical Institutions, whose name were changed and in the said table, name of CHC Shri Mahaveer Ji was mentioned as changed to PHC Gadmora.

12. Learned counsel submitted that the third table was in respect of those Medical Institutions whose names were removed from the list of Remote/Difficult/Rural area wherein the name of CHC Shri Mahaveer Ji was not included and as such, the State Authorities were considering CHC Shri Mahaveer Ji in rural area.

13. Learned counsel submitted that the respondents in spite of issuance of final Notification dated 18.05.2022, did not take into account the services rendered by the petitioner in rural area and as such, they have illegally deprived the petitioner for grant of bonus marks of 10%, whereas he has rendered services in rural area from 14.08.2021 to 13.08.2022.

14. Learned counsel submitted that the respondents have not considered the case of the petitioner for