Back
MANINDRA MOHAN SHRIVASTAVA, ANIL KUMAR UPMAN
Sneha Tiwari W/o Shri Shatru Soodan Tiwari – Appellant
Versus
State of Rajasthan – Respondent
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 C
Weightage for medical admissions based on rural service is permissible only for candidates serving in difficult rural areas, as established by statutory provisions and prior judgments.
The State cannot issue a notification identifying remote and/or difficult areas for the purpose of granting incentives to in-service candidates for admission to Post Graduate Medical/ Dental Courses ....
State regulations regarding post-graduate medical course admissions supersede national standards, and weightage for rural service is not a statutory right.
The court affirmed the necessity of extending admission incentives to all in-service medical professionals, not just specific categories, upholding public interest and compliance with MCI regulations....
Imposing mandatory rural service for admission to postgraduate medical courses is arbitrary, creates unjustified reservations, and infringes the rights of qualified non-in-service candidates.
It is well-settled that the expressions “means” and “means and includes” are exhaustive and specific in nature, unlike “includes” in isolation, which may indicate an inclusive definition.
Withdrawal of previously granted admission weightage based on arbitrary grounds violates established selection principles and entitlements.
The judgment emphasizes the importance of meeting the specific criteria outlined in regulations and notifications to claim entitlement to benefits or incentives.
The policy of providing incentive marks to the in-service candidates and adding the incentive marks for competing with the open category candidates is not barred by any statute, Rules or Regulations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
