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2017 Supreme(P&H) 476
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajesh Bindal & Harinder Singh Sidhu, JJ.
Rajesh Kumar and another - Petitioners
Versus
State of Punjab and others - Respondents
CWP No.7026 of 2017(O&M)(O&M)
Decided On : 26-04-2017
For the Petitioners:Mr. H.C. Arora, Advocate, Mr. H.S. Brar, Advocate and Mr. Verinder Pal Sharma, Advocate.
For the Respondents:Mr. Harsimran Singh Sethi, Addl. A.G., Punjab. Mr. Manish Dadwal, Advocate.
For the Medical Council of India :Mr. M.S. Longia, Advocate.
Headnote:(A) Education Law--Admission--NEET PG-2017--The Rural Medical Officers employed in the Zila Parishads are entitled to the benefit of the incentive for service in remote/difficult areas subject to the conditions of eligibility as in the case of in-service PCMS/PCMS (Dental) doctors. (Para 36)
(B) Education Law--Admission--NEET PG-2017--Not extending benefit of the incentive marks for service in remote/difficult areas under the proviso to Regulation 9(IV) for admission to private medical institutions is being violative of the said Regulation. (Para 38)
(C) Education Law--Admission--NEET PG-2017--The benefit of service in remote/difficult areas be granted strictly as prescribed in proviso to Regulation 9(IV) of the MCI Regulations--(i) The restriction of granting of incentive for service in remote/ difficult areas only to in-service Regular PCMS/ PCMS (Dental) doctors and not granting the same benefit to Rural Medical Officers comprised in Punjab Panchayati Raj Rural Medical Group (Group-A) Service is illegal being violative of proviso to Regulation 9(IV) of the MCI Regulations. It is directed that the Rural Medical Officers employed in the Zila Parishads be granted the benefit of the incentive for service in remote/ difficult areas subject to the same conditions of eligibility as in the case of in-service PCMS/PCMS(Dental) doctors.
(ii) It is directed that just as in the case of admission to Government medical Colleges, the benefit of the proviso to Regulation 9(IV) be granted for admission to private medical institutions as well.
(iii) It is directed that the benefit of service in remote/ difficult areas be granted strictly as prescribed in proviso to Regulation 9(IV) of the MCI Regulations. The merit list for admission to post graduate courses be re-cast as per the directions given in these cases. (Para 49)
HARINDER SINGH SIDHU, J.
1. This judgment shall dispose of three writ petitions, namely CWP Nos.7026, 7089 and 7418 of 2017, as common questions are involved therein.
2. The facts are being taken from CWP No.7026 of 2017.
3. This Civil Writ Petition has been filed praying for quashing of Clause 17 of the notification dated 29.03.2017 (Annexure P-7) to the extent that for admission to post graduate degree course incentive of 30% of total marks obtained in the National Eligibility cum Entrance Test (Post Graduate) for short 'NEET PG-2017' for service in difficult/ very difficult areas is restricted only to the in-service PCMS/PCMS(Dental) Doctors. Further challenge is to the non grant of the said incentive for admission to Post Graduate Courses in private institutions.
4. The petitioners are presently working as Government Medical Officers. Petitioner No.1-Dr. Ramesh Kumar initially joined on contract basis on 19.08.2006 with Zila Parishad, Patiala as Medical Service Provider at Subsidiary Health Centre, Mallewal, Block Nabha, District Patiala. Subsequently, his designation was changed to Rural Medical Officer. He was regularized w.e.f. 01.05.2011. Petitioner No.2 - Dr. Amanpreet Singh was appointed as Rural Medical Officer on regular basis on 24.12.2011. Presently he is posted as Rural Medical Officer at Subsidiary Health Centre, Village Badali, District Mohali.
5. Both the Petitioners appeared in the NEET PG-2017 examination, the result whereof was declared on 13.01.2017. Petitioner No.1 has scored 727.9048 marks out of 1500 marks. Petitioner No.2 has scored 725.7721 marks. Both these petitioners are employed in rural areas.
6. The State of Punjab issued notification dated 14.10.2016 (Annexure P-2) for admission to postgraduate degree/diploma courses in the Health Sciences Educational Institutions (Medical/Dental) in the State of Punjab for the year, 2017. As per clause 17 of that notification, 60% of the seats in the State quota were reserved to be filled from PCMS (Medical)/Dental in-service doctors and 40% seats were left open for admission to eligible medical/dental graduates. The petitioners filed Civil Writ Petition No.2542 of 2017 Dr. Rajesh Kumar and another Vs. State of Punjab and others' challenging the aforesaid provision of Clause 17 of the notification. During the pendency of the writ petition, the respondent-State of Punjab issued notification dated 29.03.2017 (Annexure P-7). Consequently, CWP No.2542 of 2017 was withdrawn with liberty to petitioners to assail the new notification, where after the present writ petition has been filed impugning Clause 17 and 18 of this notification. The relevant Clauses 17 and 18 of this notification are reproduced as under :
“17. Distribution of Seats in Govt. Institutions (Govt. Medical / Dental College, Amritsar & Patiala, GGS Medical College, Faridkot.)
I. In the Govt. Institutions, 50% of the total seats shall be filled by the Government of India at All India level, and remaining 50% seats shall be filled at the State level as State Quota seats.
II. 50% seats of the State Quota seats shall be reserved by way of Institutional Preference, for candidates who have passed their qualifying examination from Baba Farid University of Health Sciences, Faridkot/Guru Nanak Dev University, Amritsar/Punjabi University, Patiala.
III. In-service doctors (PCMS/PCMS Dental) shall be granted an incentive of 30% of total marks obtained in NEET PG 2017.
IV. Eligibility criteria:-
For in-service Regular PCMS/PCMS (Dental) doctors:-
(a) The Eligibility requirements for grant of incentive shall be as under:
i. Regular PCMS/PCMS (Dental) employee.
ii. Has completed 4 full years (48 months) service in very difficult (category-D) area or 6 full years (72 months) service in difficult (Category C) area or an appropriate combination of both. In case of candidates who have completed 5 full years (60 months)
