Rajni Shende (Dr. ) vs State of M. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 70

IN THE HIGH COURT OF MADHYA PRADESH
Sujoy Paul and Dwarka Dhish Bansal, JJ.
Rajni Shende (Dr.) v. State of M.P. & Others
Writ Petition No. 3138 of 2022 (Jabalpur);
Decided on 16.3.2022

Advocates:
Siddharth Radhe Lal Gupta for petitioner;
Smt. Janhvi Pandit, Deputy Advocate General for respondents/State.
.

Headnote:
(1) Interpretation of Statute -- language of statute clear and unambiguous -- has to be given effect to, irrespective of consequences. (1992) 4 SCC 711 and (2020) 9 SCC 161 followed. [Para 31
(2) Chikitsa Shiksha Pravesh Niyam, 2018 (M. P.) -- Rr. 2 (s), 6 and 14 -- Medical Council of India Post Graduate Medical Education Regulations, 2000 -- Reg. 9 (4) -- "in-service candidate" -- for purpose of registration, passed candidate needs to getherself registered within prescribed time limit -- necessary information for registration in proper format needs to be furnished, failing which registration is impermissible -- in absence of registration after obtaining NOC and without furnishing requisite information in proper format, petitioner cannot treat herself to be 'in-service candidate' -- petitioner having failed to register herself as 'in-service candidate' within stipulated time with correct information, cannot take advantage of her own wrong -- not proper to upset selection process midway and put clock back for candidate who did not comply with requirement of Admission Rules -- petition dismissed. (1980) 2 SCC 752, (2019) 5 SCC 793, (2005) 9 SCC 779, (2014) 14 SCC 675, (2015) 10 SCC 80, 2015 SCC Online Ker. 3193, W.P. No. 8223 of 2017 (Madras), W. M. P. No.8978 of 2017(Madras), W. M. P. No. 8978 of 2017 (Madras), 2015 (3) MPLJ 657 and 2021 SCC Online Del. 3896 distinguished. AIR 1997 MP 56, (2002) 7 SCC 252 and W.P. No. 14736 of 2019 referred to. [Paras 32 & 35
(3) Interpretation of Statute -- statute prescribes thing to be done in particular manner -- it has to be done in same manner -- other methods are unknown to law. AIR 1999 SC 3558 and AIR 2001SC 1512 followed. 2021 (3) MPLJ (Cr.) 93 relied on. [Para 35
¼1½ fof/k dk fuoZpu && dkuwu dh Hkk"kk Li"V rFkk vlafnX/k && ifj.kkeksa ls fujis{k izHkkoh dh tkuk gksxhA ¼1992½4 ,l lh lh 711 rFkk ¼2020½ 9 ,l lh lh 161 vuqlfjrA ¼iSjk 31
¼2½ fpfdRlk f'k{kk izos'k fu;e] 2018 ¼e-iz-½ && fu-2 ¼/k½] 6 rFkk 14
&& Hkkjrh; vk;qfoZKku ifj"kn~ LukrdksÙkrj fpfdRlk f'k{kk fofu;e] 2000 && fofu-9¼4½ && ßlsokjr vH;FkhZÞ && iath;u ds iz;kstukFkZ] mÙkh.kZ vH;FkhZ dks viuk iath;u fofgr le; lhek esa djkuk vko';d && iath;u ds fy, mfpr la:i esa vko';d tkudkjh nh tkuk vko';d] ftlesa vlQy jgus ij iath;u vuuqKs; gS && vukifÙk izek.ki= vfHkizkIr djus ds i'pkr~ iath;u ds vHkko esa rFkk mfpr la:i esa visf{kr tkudkjh fn, fcuk] ;kph Lo;a dks ^lsokjr vH;FkhZ* ugha eku ldrh && fu;r le; ds Hkhrj lgh tkudkjh ds lkFk ^lsokjr vH;FkhZ* ds :i esa Lo;a dk iath;u djkus esa vlQy jgus ij ;kph viuh xyrh dk Qk;nk ugha mBk ldrh && p;u izfØ;k dks chp esa iyV dj ,sls vH;FkhZ ds fy, le; pØ dks ihNs ykSVkuk mfpr ugha ftlus izos'k fu;eksa dh vis{kkvksa dh iwfrZ ugha dh
&& ;kfpdk [kkfjtA ¼1980½2 ,l lh lh 752] ¼2019½5 ,l lh lh 793] ¼2005½9 ,l lh lh 779] ¼2014½14 ,l lh lh 675] ¼2015½10 ,l lh lh 80] 2015 ,l lh lh vkWuykbu dsjy 3193] fjV ;kfpdk 8223 lu~ 2017 ¼enzkl½] MCY;w ,e ih- Ø- 8973 lu~ 2017¼enzkl½] 2015¼3½ ,e ih ,y ts 657 rFkk 2021 ,l lh lh vkWuykbu fnYyh 3896 izHksfnrA , vkb vkj 1997 ,e ih 56] ¼2002½7 ,l lh lh 252 rFkk fjV ;kfpdk Ø- 14736 lu~ 2019 fufnZ"VA ¼iSjk 32 ,oa 35
¼3½ fof/k dk fuoZpu && fof/k esa fdlh dk;Z dk fof'k"V jhfr esa fd;k tkuk fofgr && mls mlh jhfr esa fd;k tkuk gksxk && vU; &#2338ax fof/k esa vKkrA , vkb vkj 1999 ,l lh 3558 rFkk , vkb vkj 2001 ,l lh lh 1512 vuqlfjrA 2021 ¼3½ ,e ih ,y ts ¼fØ-½ 93 voyafcrA ¼iSjk 35

ORDER

Paul, J. -- 1. The petitioner a MBBS qualified Doctor working as Medical Officer in Department of Health Services, Government of Madhya Pradesh and currently posted at Tahsil Katangi, district Balaghat has filed this petition under Article 226 of the Constitution of India seeking a direction to treat her as an ‘in service candidate’ as per Admission Rules, 2018 and accordingly extend her the benefit of 30% reservation/source of entry with additional incentive marks to the tune of 30% as per provisions of Regulation 9 (IV) of the M.C.I. Regulations 2000 in the on going counselling process for admission to Post Graduate (P.G.) Course.

2. Briefly stated, relevant facts are that the petitioner was appointed as Medical Officer in April 2011 (Annexure P/1). After rendering services in District Hospital, Betul for some time, she was transferred and posted to Community Health Centre, (C.H.C.), Katangi, District Balaghat in January 2017. The certificate issued by Chief Medical & Health Officer, (C.M.H.O.) is Annexure P/2.

3. Indisputably, petitioner belongs to S.C. category and is a Government Employee. The petitioner pleaded that the Commissioner, Department of Medical Education through communication dated 12.11.2021, (Annexure P/4) directed all P.S.Us., District Hospitals, C.M.H.Os. etc. to send a list of all the ‘in-service Doctors’ rendering services in their respective Districts. It was the responsibility of said officers to furnish such information of Doctors to the D.H.S. and D.M.E. so that the candidates who appeared in the NEET, P.G. Examination can be given the benefit of 30% reservation.

4. The Government opened the counselling process through public notice dated 12.10.2021 (Annexure P/5). In this notice, it was specifically mentioned that concerned ‘in-service Medical Officer’ must get their registration done as ‘open category candidate’ in the registration which is to start from 11.10.2021 and to be continued till 17.10.2021. It was further made clear that post registration, prior to counselling, the status of the concerned in-service Medical Officer shall be automatically updated by the Counselling Authority/State Authority as ‘in-service candidate’ and they shall be given intimation in this regard.

5. The D.M.E. issued another public notice dated 12.1.2022 mentioning details of all the ‘in-service candidates’ working with the D.H.S., M.P. and other Health Departments, which was required to be automatically updated on the website by latest on 17.1.2022. No intimation was given for any ‘inservice candidate’ to approach C.M.H.O. or the D.H.S. to claim the candidature for ‘in-service category’ reservation but primarily it was through and through the responsibility of the concerned C.M.H.O. and D.H.S, M.P., wherein concerned employee was working to furnish the details.

6. Shri Siddharth Radhelal Gupta, learned counsel for petitioner submits that the merit list was uploaded on the official website of D.M.E. in the ‘inservice category’ on 17.1.2022 (Annexure P/7). The petitioner’s name did not find place in the merit list of ‘in-service candidate’. Indeed, it is mentioned in overall merit list prepared for open category candidates (‘non in-service’) at sl. No. 2760. Hence, petitioner was treated as SC/reserved category candidate but not ‘in-service candidate’.

7. In the previous year also, while taking NEET examination, the C.M.H.O. issued a form 8-A certificate to her for getting the benefit of incentive marks of 30%. The said form 8-A is filed as Annexure P/9.

8. In the current year, C.M.H.O. realized his fault and issued the form 8-A certificate to the petitioner belatedly on 20.1.2022 (Annexure P/10). This form contains an entry that petitioner has served in remote, difficult and rural areas.

9. When petitioner found her name missing in the merit list of ‘in-service candidate’ (Annexure P/8), she started representing the matter before the authorities. One such representation dated 24.1.2022 is filed as Annexure P/11.