The main legal point established in the judgment is the intention of the legislature to encourage doctors to work in rural areas and the relevance of following government directions in managing and treating the COVID-19 pandemic situation.

JUDGMENT

Rekha Borana, J. - The present writ petition has been filed with a prayer for grant of bonus/incentive marks to the petitioner including the period from 21.05.2020 to 06.01.2021 (231 days) as the period of service in the rural area.

2. The case of the petitioner is that he was first appointed on "Urgent Temporary Basis" as a Medical Officer on 29.04.2020 and was posted at Khajuri, District Bhilwara which is a rural area. Subsequently vide order dated 18.05.2020, he was selected and appointed after the regular process of selection and was posted at CHC, Banswara. The said posting was made on temporary basis in terms of the directions issued by the State Government at the relevant point of time. It was the specific direction of the State Government that the new appointees be posted at the places of requirement in terms of the COVID-19 pandemic situation. In terms of those directions, the service of the petitioner was extended at Banswara only from time to time and it was specifically stated that regular posting would be given as and when directed by the State Government. Ultimately vide order dated 08.01.2021, the regular posting was granted to the petitioner at Delwara, District Banswara and further he was transferred to PHC Kathoti, District Nagaur vide order dated 30.07.2021.

3. Learned counsel for the petitioner submitted that the period of 21.05.2020 to 06.01.2021 during which the petitioner served at Banswara was totally because of the directions issued by the State Government and because of the COVID-19 pandemic situation. He submitted that therefore the said period deserves to be deemed to be spent in rural area and consequently, the bonus/incentive marks deserves to be granted to the petitioner. He relied upon the judgment passed by a Coordinate Bench of this Court in S.B. Civil Writ Petition No. 14283/2021; Dr. Jitendra Kumar Sharma v. State of Rajasthan & Ors. wherein it was held as under:

"The facts are not in dispute, wherein the petitioner was accorded posting at Primary Health Centre, Ramgarh-Chang, Block-Raipur, District Pali, wherein joined on 27.03.2020. By order dated 24.09.2020 passed by the Principal Secretary, services of as many as 30 Medical Officers from various places from District-Jodhpur, Pali, Sirohi and Jalore were handed over to the District Collector, Jodhpur for proper management and treatment of Covid-19.

The petitioner was relieved based on the said order from Primary Health Centre, Ramgarh-Chang, Block-Raipur on 25.09.2020 and was required to report to District Collector Jodhpur, which instruction the petitioner followed and on 28.09.2020, the CM&HO required the petitioner to give his presence at Dr. S.N. Medical College, Jodhpur, where the petitioner is still working.

From none of the orders as produced, it is reflected that the petitioner has worked at Jodhpur on his own request/as per his choice. The petitioner has simply followed the dictates of the Principal Secretary of the Department/Chief Medical & Health Officer.

The very fact that the petitioner has followed the instructions and did not work at Jodhpur as per his choice/on request, is also fortified from submissions made by learned AAG.

Once, it is found that the petitioner, while working at Primary Health Centre, Ramgarh-Chang, Block-Raipur, on account of 'administrative exigency of the State', was make to work at Jodhpur and as stated by learned counsel for the petitioner continued to get his salary from Primary Health Centre, Ramgarh-Chang, Block-Raipur only, it cannot be said that merely on account of following the directions issued to him as part of his duty, the same would work to his prejudice, inasmuch as, the petitioner would be deprived of 10% of the marks obtained by him at NEET PG.

The submissions made by learned counsel for the petitioner also gains credence that few Medical Officers, who did not follow the directions of the State, have been rewarded with requisite certificate, resulting in their getting the bonus marks