The main legal point established is the interpretation and application of the Rajasthan Rural Medical and Health Services Rules, 2008, particularly in determining the eligibility of the petitioner for bonus marks based on his rural service.

JUDGMENT

1. The instant writ petition has been filed by the petitioner challenging the letter proforma dated 17.06.2022 issued by the respondent- Principal Medical Officer, Government Hospital, Kekri, District Ajmer counting only one year of rural service of the petitioner and the petitioner further seeks direction to consider the rural service rendered by him for more than three years and providing him incentive marks upto 30%, considering his service in rural area for more than three years.

2. Learned counsel for petitioner submitted that the petitioner was initially appointed on the post of Rural Medical Officer vide order dated 19.09.2008 under the Rajasthan Rural Medical and Health Services Rules, 2008 (hereafter 'the Rules of 2008'). The petitioner came to be posted at Community Health Centre, Kekri by order of the Chief Medical and Health Officer, Kekri, dated 03.10.2008.

3. Learned counsel submitted that the petitioner had joined as per directions of the Chief Medical and Health Officer at Community Health Center, Kekri and he continued to work there upto 30.09.2019 and thereafter, the petitioner was transferred from CHC, Kekri to Dungarpur. The petitioner continued upto 11.12.2019 at Dungarpur and thereafter, he joined his services at CHC, Tanoti, District Ajmer and continued there in service from 12.12.2019 upto 01.03.2021 i.e. for 445 days.

4. Learned counsel for petitioner submitted that the respondents have counted rural service of petitioner for the purpose of grant of incentive marks only for the duration, when the petitioner was posted at CHC, Tanoti from 12.12.2019 to 01.03.2021 and the service rendered by the petitioner at CHC, Kekri, as rural service, has not been counted.

5. Learned counsel for petitioner submitted that after appointment of the petitioner under the Rules of 2008, an order was issued by the Director, Medical & Health Services, whereby, 76 posts from Ajmer District were converted from the Medical Officer to Rural Medical Officer and post of Medical Officer at CHC, Kekri, was also converted into the Rural Medical Officer.

6. Learned counsel for petitioner submitted that the petitioner while posted at CHC, Kekri was paid rural allowances. Learned counsel submitted that the Rules of 2008 had given definition of 'Rural' and as per the definition given in Rule 2(j) 'Rural' means Community Health Centre and Primary Health Centre, which was located in the area other than District Head Quarter.

7. Learned counsel submitted that the Rules of 2008 were later on repealed vide notification dated 03.01.2012.

8. Learned counsel for petitioner submitted that the petitioner had applied in 2012 for PG Course as In-service candidate and while filling the application form, the petitioner had specifically mentioned that he has rendered rural services from 03.10.2008 to 02.10.2010 at Community Health Center, Kekri, District Ajmer.

9. Learned counsel submitted that the necessary certificate was also issued by the Competent Authority for the purpose of eligibility of the petitioner to get admission of the Post Graduate Course and service rendered by the petitioner in rural area, was shown from 03.10.2008 to 03.01.2012 at Kekri.

10. Learned counsel for the petitioner submitted that the petitioner submitted his application form for NEET, PG 2022 and he appeared in the said examination and his result came to be declared on 24.05.2022, wherein he had secured 407 marks.

11. Learned counsel for petitioner further submitted that the respondents issued circular dated 03.06.2022 wherein the different Controlling Officers, were required to give certificate to the In-service candidates for serving in rural, remote and difficult area.

12. Learned counsel submitted that the Controlling Officer of the petitioner i.e. respondent No.4--PMO Kekri, while sending the proforma has only counted services of the petitioner from 12.12.2019 to 01.03.2021 and he has wrongly omitted to consider the service rendered by the petitioner in rural area, as pe