State regulations regarding post-graduate medical course admissions supersede national standards, and weightage for rural service is not a statutory right.

JUDGMENT

Shaji P. Chaly, J.

The captioned writ appeals are filed by petitioners in W. P. (C) Nos. 2838 of 2022 and 2161 of 2022 challenging the judgments of the learned Single Judge dated 03.02.2022 and 31.01.2022 respectively, whereby the writ petitions were dismissed declaring that the proviso under Regulation 9(IV) of the Medical Council of India Post Graduate Medical Education Regulations, 2000 does not confer a right on Medical Officers under the service of Government / public authorities to get weightage in the marks as incentive for service in remote and/or difficult rural areas for the purpose of admission to post graduate medical courses; and further held that Ext. P7 Government Order dated 15.01.2022 of the Health and Family Welfare Department, Government of Kerala and the prospectus attached to the Government Order supersede Ext. P4 Government Order dated 12.04.2018 of the same department.

2. The facts required for the disposal of the writ appeals discernible from W. A. No. 233 of 2022 are relied upon:-

3. The 1st appellant is working as Assistant Surgeon in the Primary Health Centre, Moothedam, Malappuram District, a difficult rural area. The appellant entered service on 27.04.2017. The 2nd appellant is working as Assistant Surgeon in the Community Health Centre, Thycattusery, Cherthala, which is a rural area; who entered service on 10.01.2017. It is submitted by the appellants that the 1st appellant has difficult rural area service and the second appellant has rural area service to their credit.

4. The appellants have participated in the National Eligibility- cum-Entrance Test (NEET) PG – 2021 and they have secured rank No. 40151 and 22849 respectively. According to the appellants, since they are Government employees, they are entitled to get the benefit of service quota for Medical PG (MD) admission in the colleges in Kerala as per clause 6 of Ext. P9 prospectus issued by the State Government for admission to Medical Post Graduate Degree Courses 2021-2022 issued as per a Government Order dated 15.01.2022.

5. It is further submitted that as per clause 9 (1) of the Post Graduate Medical Education Regulations, 2000, the students for PG Medical Courses shall be selected strictly on the basis of their academic merit. The appellants have also challenged clause 6.6.12 of the prospectus to the extent it states that 'the total service will be reckoned as on the date of notification for inviting application by CEE for admission to the courses'.

6. The grievance in respect of Ext. P9 prospectus raised by the appellants are (i) total service will be reckoned for admission to Post Graduate Courses which is violative of the parent Regulations and the ratio of the judgment of the Hon'ble Apex Court in Sudheer N. v. State of Kerala and Others [ (2015) 6 SCC 685 ]; (ii) Doctors working in rural area is given an incentive of only 2 percent of marks obtained for each year in service in rural areas and Doctors working in difficult rural area is given an incentive of only 5 percent marks obtained for each year of service in difficult rural areas, which is unjust, illegal and arbitrary, since a higher weightage of at least 10 percent is to be given for both rural and difficult rural area service; (iii) No special reservation is given to Doctors working in rural area and/or difficult remote area, in spite of the prescription in the parent Regulations as regarding Diploma seats and since there are no Diploma seats in the State of Kerala, the reservation must be given for PG Degree seats and (iv) splitting up of in-service quota in medical education service quota, heal