The court ruled that the eligibility criteria imposed by the impugned memorandum were invalid as they contradicted existing Amendment Rules, thus allowing the petitioner to participate in postgraduate counselling after receiving a No Objection Certificate.

JUDGMENT

Bhaskar Raj Pradhan, J. - Vide Office Order No.1171/G/DOP dated 19.03.2021 the petitioner was appointed as General Duty Medical Officer (GDMO) in the Junior Grade under General Duty & Public Health Wing of Sikkim State Health Service, Health and Family Welfare Department.

2. On 23.02.2021 the National Board of Examinations New Delhi inviting applications for National Eligibility cum Entrance Test (NEET-PG 2021. It transpires that the petitioner submitted the application online through the National Board of Examinations website. The examination was to be held on 18.04.2021 which was however postponed till further orders. On 13.07.2021 notice was issued by the National Board of Examinations informing that NEET-PG 2021 was rescheduled to be held on 11th September 2021.

3. On 08.09.2021 No Objection Certificate (NOC) was issued bearing No.4589/H & FW stating inter alia: 'The Department of Health & Family Welfare, Government of Sikkim has no objection to the following doctors (GDMOs) to appear for the National Eligibility Entrance Examination (NEET-PG 2021) scheduled on 11.09.2021 tentatively (subject to postponement as per COVID-19 pandemic situation)'. 23 doctors had been allowed to sit for NEET-PG 2021 including the petitioner. The NOC also specified that the Department's permission is subject to allotment of seats in clinical subjects by the Institute as per the present need in the State. It specified that the nomination shall be within the sponsorship and was further subject to the approval of the State Government. It also stated that the NOC issued earlier for the entrance examination scheduled on 18th April, 2021 stood cancelled.

4. This document reflects that the Department of Health & Family Welfare had clearly given its NOC to the petitioner along with 22 others who were GDMOs of the State Government to sit for the NEET-PG 2021 subject to the condition prescribed therein.

5. The NEET-PG 2021 Examination was held on 11.09.2021 and the result declared on 28.09.2021. The petitioner scored 408 out of 800 and obtained the rank of 42677.

6. On 09.11.2021 the Additional Director (Medical Education) Health & Family Welfare Department issued a communication bearing No.4870/H & FW to the Medical Superintendent, STNM Hospital and the Chief Medical Officers of the District Hospitals at Gyalshing, Mangan, Namchi and Singtam. It stated that the specified Post Graduate Degree seats were allotted at Regional Institute of Medical Sciences, Imphal (RIMS) for the beneficiary State of Sikkim for the academic session 2021-2022. It specified that the allotment of seats in Pathology, Mircrobiology, Biochemistry, etc. was subject to Departmental undertaking. It also specified that the eligibility criteria for admission laid down by the National Medical Commission would be applicable; the nomination would be made in accordance with the existing norms for allotment of Post Graduate Degree Seats as the Departmental in-service candidate; the application of willing candidates should reach the office of the Additional Director, Medical Education, Health Secretariat on or before 17th November, 2021. It further specified that the date of counselling would be intimated as and when announced by RIMS, Imphal.

7. By this communication the Health & Family Welfare Department sought for nominations from the Medical Superintendent as well as the Chief Medical Officers of all four districts for allotment of Post Graduate Degree seats from Departmental in-service candidates along with application of willing candidates. Similar communication was made on the same date vide communication No. 4871/H&FW for