JUDGMENT :

1. Heard.

2. This appeal is directed against order dated 20.10.2022 passed by the learned Single Judge, whereby, appellant’s/writ petitioner’s challenge to the withdrawal of the benefit of rural service of 750 days for the purpose of granting admission in Master of Dental Surgery (MDS) Course, has been rejected. Prayer made by the appellant/writ petitioner for issuance of direction to the respondents to grant her benefit of service rendered in rural area for more than two years by awarding 20% weightage marks and inclusion in the overall merit for the purposes of admission in MDS Course has consequently, been rejected.

3. Quint essential facts necessary for adjudication of controversy involved in the appeal are that the appellant/writ petitioner was initially appointed on the post of Dental Officer on 12.03.2015. On 15.09.2018, appellant/writ petitioner was transferred to Community Health Center (hereinafter referred to as the ‘CHC’), Mundawar, District Alwar where she remained posted until she was transferred to serve in CHC in a rural area at CHC, Shahjahanpur vide order dated 02.01.2019. After having worked there more than one year, she was again relieved and joined at CHC, Mundawar where she was previously posted. On 23.05.2021, appellant/writ petitioner was again posted in Primary Health Center (hereinafter referred to as ‘PHC’), Ajaraka. This posting of the appellant/writ petitioner was in rural area during COVID-19 pandemic. She worked at PHC, Ajaraka till 10.05.2022. The appellant/writ petitioner, desirous of getting admission in MDS Course, participated in NEET PG Examination. Vide order dated 03.06.2022, State Government required different Controlling Officers to send relevant information of in-service candidates with regard to their experience in remote/difficult/rural areas as in-service candidates under the provisions contained in the Dental Council of India, Master of Dental Surgery Course Regulations, 2017 (hereinafter referred to as ‘the Regulations of 2017’) were entitled to weightage marks in case they served in remote/difficult/rural areas. The appellant/writ petitioner applied for grant of weightage marks. After necessary verification regarding appellant’s/writ petitioner’s service in rural areas for a period of 750 days, i.e., more than two years, a certificate of service in rural areas was issued in favour of the appellant/writ petitioner. When respondents issued list of successful candidates on 12.08.2022 enlisting those candidates, who are eligible for award of weightage marks for having worked in rural areas, name of the appellant/writ petitioner also appeared and she was given benefit of rural service of 750 days.

4. However, a complaint was made by respondent-Dr. Rohit Barak to the authorities and he also filed S.B. Civil Writ Petition No. 12417/2022 challenging the award of weightage marks to the appellant/writ petitioner. It appears that taking cognizance of the said complaint, while issuing a provisional merit list of PG Dental candidates on 27.09.2022, appellant/writ petitioner was placed at S.No. 187, denying weightage of rural services and bonus marks. Aggrieved by the said action of the official respondents in denying benefit of weightage marks despite appellant/writ petitioner having worked in rural areas, writ petition was filed by the appellant/writ petitioner before this Court.

5. While the case of the appellant/writ petitioner was that as she had actually worked in a rural area, firstly while remained posted at CHC, Shahjahanpur and, thereafter, at PHC Ajaraka, which were admittedly declared as rural area, her entitlement to grant of weightage marks for having worked in rural areas could not be denied, the stand taken by the official respondents in reply to the writ petition was that the original place of posting of the appellant/writ petitioner was at CHC, Mundawar, which is urban/city area and her posting at CHC, Shahjahanpur was only under a working arrangement and further her po