The MCI Regulations are mandatory, and candidates who have served in remote areas are entitled to weightage of 10% marks for each year of service in remote areas while seeking admission to P.G. Degree Courses.

V.K. Bist, J.

1. Since in these writ petitions common question of law arise, we are disposing of the same by the following common judgment.

2. Prayers in the Writ Petition (S/B) No.195 of 2017 are as follows:-

“(i). Issue a writ, order or direction in the nature of certiorari quashing the impugned Order No. 576/XXVIII(1)/2017-writ-2016/2017 dated 12.05.2017, whereby the Respondent No. 1 has taken a decision to not to grant 10% of marks for each of service in remote/inaccessible areas as an incentive to the in service Doctors while granting admission to P.G. Degree Course.

(ii). Issue a writ, order or direction in the nature of Mandamus commanding the respondents to strictly comply with Regulation9(2)(d) of the Post Graduate Medical Education Regulations, 2000 and to accordingly grant the petitioner 10% of the marks obtained for each year in service in remote or difficult areas, as an incentive while determining the merit and granting admission in Post Graduate Degree Courses in the ongoing admission process.

(iii). Issue a writ, order or direction in the nature of Mandamus commanding the respondents to forthwith stop the ongoing second round counseling and respondent No. 6 may be restrained from allotting any seat in the second round of counseling, till further orders of this Hon’ble Court’s.

(iv). Issue a writ, order or direction in the nature of Mandamus commanding the respondents to revise the First Round of Counseling after duly providing weightage of 10% for each year of service in remote areas undertaking by the petitioners (as per Regulation 9(2) (d) of the Post Graduate Medical Education Regulations, 2000) and further forbear from holding the Second Round of Counseling till the grant of weightage of 10% for each year of service in remote areas undertaken by the petitioner (as per Regulation 9 (2) (d) of the Post Graduate Medical Education Regulations, 2000).”

3. Prayers in the Writ Petition (S/B) No.190 of 2017 are as follows:-

“(i). Issue a writ, order or direction in the nature of certiorari quashing the order no. 441/XXVIII(1)/2007-150/2005 II cover T.C. dated 12.04.2017 (Annexed as Annexure No. 1 to this writ petition) whereby the Respondent No. 1 has taken a decision to not to grant 10% of marks for each of service in remote/ inaccessible areas as an incentive to the in service Doctors while granting admission to P.G. Degree Course.

(ii). Issue a writ, order or direction in the nature of Mandamus commanding the respondents to strictly comply with Regulation 9(2)(d) of the Post Graduate Medical Education Regulations, 2000 and to accordingly grant the petitioner 10% of the marks obtained for each year in service in remote or difficult areas, as an incentive while determining the merit and granting admission in Post Graduate Degree Courses in the ongoing admission process.

Issue a writ, order or direction in the nature of Mandamus commanding the respondents to revise the First Round of Counseling after duly providing weightage of 10% for each year of service in remote areas undertaken by the petitioners (as per Regulation 9(2)(d) of the Post Graduate Medical Education Regulations, 2000) and further forbear from holding the Second Round of Counseling till the grant of weightage of 10% for each year of service in remote areas undertaken by the petitioners (as per Regulation 9(2)(d) of the Post Graduate Medical Education Regulations, 2000).

4. Prayers in the Writ Petition (S/B) No.221 of 2017 are as follows:-

(i). Issue a writ, order or direction in the nature of certiorari quashing the impugned Order No. 589/XXVIII(1)/2017-writ-182017 dated 15-05-2017 (Annexed as Annexure No. 1 to this writ petition) whereby the Respondent No. 1 has taken a decision not to grant 10% of marks for each of service in remote/ inaccessible areas as an incentive to the in-service Doctors while granting admission to P.G. Degree Course.

(ii). Issue a writ order or direction in the nature of certiorari quashing the Uttarakhand State NEET P.G.-2017