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SUJOY PAUL, ARUN KUMAR SHARMA
Vijendra Dhanware (Dr. ) – Appellant
Versus
State of M. P. – Respondent
ORDER
Paul, J. -- 1. In this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :-
(i) That this Hon’ble Court be pleased to issue any appropriate writ/order/direction declaring the Chart/List/Table uploaded on the official website of Respondent authorities on 12/13.11.2021 as contrary to its Department Order/ Circular dated 19.8.2021 and thus quash the same insofar is related to Medical Officers like the petitioners who are rendering services in the District Civil Hospitals of the State.
(ii) That this Hon’ble Court may be pleased to issue any appropriate writ/order/direction directing the respondent authorities, especially the DME and DHS, State of Madhya Pradesh, for suitably revising the impugned Chart/Table/ List for including the name of petitioners and Medical Officers serving in the District Government Hospitals of the State amongst those entitled for benefit of 30% reservation meant for in-service candidates as per the Government Circular dated 19.8.2021 issued by the State of Madhya Pradesh.
(iii) That this Hon’ble Court may be pleased to issue any appropriate writ/order/direction declaring and holdin
State regulations regarding post-graduate medical course admissions supersede national standards, and weightage for rural service is not a statutory right.
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.
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....
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 ....
The Government Resolution dated 26 September 2022 providing for a reservation of 20% for in-service candidates was held to be applicable for the current academic year and in consonance with the broch....
Merit must prevail in admission to postgraduate medical courses; state can implement service quotas, but must not dilute merit standards.
Subsequent policy detrimental to the interest of beneficiaries cannot be given retrospective effect.
The court upheld the constitutional validity of Rule 1.20(9) and declared Rule 1.8(2) as ultra vires for being violative of Post Graduate Medical Education Regulations, 2000 and counter to the decisi....
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