The discretionary exercise of powers by the State Government in matters of policy, particularly in awarding incentives and setting cut-off dates, will not be interfered with by the Court unless such discretion is exercised arbitrarily or malafidely.

JUDGMENT

1. This appeal is filed by the original petitioners to challenge the judgment of the learned Single Judge dated 01.02.2022 passed in S.B. Civil Writ Petition No.687/2022-Dr. Naveen Jakhar and Others Vs. State of Rajasthan and Others.

2. Briefly stated the facts are that the National Board of Examinations annually conducts National Eligibility-cum-Entrance Test (for short 'NEET') for post-graduation medical courses. Notice for conducting such examination for the year 2021 was issued on 23.02.2021. The last date for receiving the examination forms was 15.03.2021. However due to spread of Corona-virus across the country, the examinations were postponed and finally conducted only on 11.09.2021. The result of NEET, 2021 was declared on 28.09.2021.

3. The State Government has a policy of awarding additional marks by way of incentive up to 10% of the marks obtained by the candidate for each year of service put in by him or her in remote, difficult or rural areas up to a maximum weightage of 30% of the marks. This flows from proviso to sub-regulation (4) of Regulation 9 of the Medical Council of India, Post Graduate Medical Education Regulations, 2000 which policy also the State Government follows. The State Government has also notified the remote, difficult and rural areas where posting of the doctors would qualify for such additional weightage in NEET results.

4. The State Government had provided a cut-off date of 30.04.2021 for reckoning the experience of the candidate for the said purpose of awarding additional marks. However by an order dated 08.01.2022 the State Government modified its previous decision and extended the cut-off date for considering the experience of in-house doctors to 30.09.2021. This decision of the State Government gave rise to two sets of challenges. The in-house doctors in case of Dr. Neha Choudhary approached the Single Judge and prayed that such cut-off date should be extended till the first date of counselling for admissions. The counter-challenge came from the candidates who did not benefit out of this extension. In case of Dr. Neha Choudhary, the Single Judge having dismissed the writ petition, appeal was filed before the Division Bench, D.B. Special appeal No.201/2022. The appeal was dismissed by the Division Bench. The following observations may be noted:-

'13. We may also record as pointed out by the State counsel that there are three groups of litigants. First set of candidates are aggrieved by extension of date to 30.09.2021 under the notification dated 08.01.2022. Such petitions are pending and we clarify that we do not intend to touch on any aspects of the challenge of these candidates. Second set of candidates had approached the Court seeking extension of the cut off date and are satisfied with the Government extending 30.09.2021. They would have or would be withdrawing their petitions. The last set of candidates like the present appellants -original petitioners are those who seek the benefit of incentive marks but are not satisfied with the extension of cut off date to 30.09.2021.

14. Having heard learned counsel for the parties and having perused the documents on record we find that the policy to grant incentive marks to in-house doctors serving in difficult, remote or rural areas has been framed by the State Government by virtue of which for every completed year of service in such year 10% weightage would be granted for the purpose of PG medical course. This would be over and above the marks scored by the candidate in NEET examination. Ordinarily such experience would be considered upto 30th april of the relevant year. Initially in the present admission process also the cut off date prescribed by the State Government was 30.04.2021. However initially on account of spread of corona virus the conducting of NEET examination itself had to be postponed. The examination could be completed only on 11.09.2021. Even thereafter the counselling could not start on account of legal controversies regar