ORDER

Paul, J. -- 1. The petitioner, a Medical Officer, working in Primary Health Centre, (PHC) Dagdiha, District Satna (M.P.) filed this petition under Article 226 of the Constitution seeking writ of mandamus commanding the respondents to treat the petitioner as in-service candidate.

2. During the pendency of the petition, an amendment application was filed whereby the legality, validity and propriety of order dated 19.1.2022 (Annexure P/7) was also called in question. In addition, a mandamus is prayed for to include Dagdiha Primary Health Centre (PHC) in appendix (II) of order dated 28.2.2019 (Annexure P/5). The order dated 19.1.2022 (Annexure P/7) is called in question whereby PHC, Dagdiha was not treated to be more than 25 kms from Satna Municipal Corporation’s Headquarter.

3. In short, the admitted facts between the parties are that petitioner while working as Medical Officer in the said PHC was declared as open category candidate. During the course of hearing, Shri Aditya Sanghi fairly submitted that the relief 7(i) and 7(ii) of the petition for treating her as inservice candidate has rendered infructuous because department pursuant to a different order passed by this Court, has treated the petitioner as in-service candidate. The only grievance subsist is regarding non grant of additional marks/incentive which is based on the assumption of distance between said two places founded upon a Google Map.

4. Shri Aditya Sanghi, learned counsel for the petitioner by placing reliance on document dated 22.11.2021 (Annexure P/2) issued by Chief Medical & Health Officer (CMHO), District Satna, urged that the distance between PHC, Dagdiha and Nagar Nigam Satna is approximately 28 kms. The order dated 28.2.2019 (Annexure P/5) issued by the Government makes it clear that in-service candidates are entitled to get additional marks if their PHC is situated in a rural/remote or difficult area which is situated more than 25 kms from Headquarter of Nagar Nigam. Reliance is placed on Clause (2)(, )(II) of the order dated 28.2.2019. The other eligibility conditions, submits Shri Sanghi, are not relevant for the present petitioner.

5. Learned counsel for the petitioner submits that the petitioner had already appeared in the first round of counselling. She is entitled to get a seat of M.S. (Gynecology) or M.D. (Medicine) provided additional marks are given to her as per order dated 28.2.2019 (Annexure P/5). This Court passed an interim order on 19.1.2022 directing the respondents to take a decision on the eligibility of petitioner in the teeth of circular dated 28.2.2019 by taking into account the document dated 22.11.2019 (Annexure P/2) issued by the CMHO. In turn, the respondents passed the impugned order dated 19.1.2022 (Annexure P/7) and rejected the claim of petitioner by holding that :-

(i) The distance between PHC, Dagdiha and headquarter of Nagar Nigam, Satna as per Google Map is less than 25 km, i.e. 20.8 km.

(ii) In the appendix of Government order dated 28.2.2019, the name of PHC, Dagdiha is not included.

(iii) The petitioner never preferred any representation for inclusion of PHC, Dagdiha in relevant appendix of order dated 28.2.2019, (Annexure P/5).

6. Shri Sanghi, learned counsel for the petitioner submits that para-8 of the impugned order dated 19.1.2022 shows that there are three measurements of the said distance by three authorities/bodies. The CMHO, as noticed, has opined that distance between said two places is 28 km, as per Google Map, it is 20.8 km and as per another report, it is 26 km (via Satna -Simariya). It is urged that it is not safe to rely on Google Map. It normally reflects the aerial distance. The reliance is placed on paper cutting of the Indian Express, January 31, 2022 (Annexure P/10), which reflects that while speaking at a programme, Surveyor General of India stated that the Google Maps are used by low end application with a confined accuracy, while the Survey of India Maps are used for high engineering a