Weightage for medical admissions based on rural service is permissible only for candidates serving in difficult rural areas, as established by statutory provisions and prior judgments.

JUDGMENT

Ashok Bhushan, CJ

The writ appeal and the writ petition raising same questions of facts and law have been heard together and are being decided by this common judgment. For deciding both the cases, it is sufficient to refer to the facts of W.P(C) No.4957 of 2016 giving rise to W.A No.694 of 2016. The parties shall be referred to as described in the writ petition.

2. The petitioners are working as medical officers in Health Service Department of Government of Kerala. They are aspirants for admission to Medical Post Graduate Degree/Diploma Courses, 2016 in service quota. The Prospectus for admission to Postgraduate Courses, 2016 was issued by the Director of Medical Education as approved by Government order dated 10.12.2015. Clause 7.1.3 provided for award of weightage marks for difficult rural areas and rural areas for candidates in service quota. Clause 7.1.3 as notified in the Prospectus is as follows:

“7.1.3 Preparation of Seniority list under Health Service Quota:- The merit list for candidates in service quota under HSQ will be prepared by the CEE after awarding due weightage marks for Difficult rural Service and Rural service, put in by the candidates qualifying the examination. Rural Service. In determining the merit in the Entrance test for PG admission weightage in the marks will be given as an incentive at the rate of 5% of marks obtained for each year in service in Rural area upto a maximum of 30% of the marks obtained

Doctors working in approved Casualty Units in the Government Hospitals are also eligible for claiming Rural Service Quota.

Difficult Rural Service: In determining the merit in the Entrance test for PG admission, weightage in the marks will be given as an incentive at the rate of 10% of marks obtained for each year in service in Difficult Rural area upto a maximum of 30% of the marks obtained. The list of Government Allopathic Medical institutions designated as Rural stations in Kerala is as mentioned in the Standardised list of Government Allopathic Medical Institutions 2013 prepared by Health Information Cell (DHS) and approved vide GO(ms) No.443/2013/H&FWD dated 16.11.2013.

The list of Government Allopathic Medical Institutions in Different Rural Areas in Kerala is as mentioned in G.O(MS) No.55/2014/H&FWD dated 15.02.2014 (Annexure XI).”

3. The State Government issued an order dated 04.01.2016 deleting the weightage marks which were earlier provided in clause 7.1.3 for rural service and it was provided that weightage shall be applicable in the case of Doctors who are working in difficult rural areas only. The Government order was issued referring to the judgment of the Apex Court dated 12.01.2015 in Sudhir N. and Others v.State of Kerala and Others [ (2015) 6 SCC 685 ] and the judgment of the Division Bench of this Court dated 28.05.2015 in W.A No.803 of 2015 ( Dr. Abhilash Kumar M.P v. State of Kerala ). The writ petitioners who had more than 3 years rural service to their credit aggrieved by the Government order dated 04.01.2016 filed W.P(C) No.4957 of 2016. The petitioners in the writ petition prayed for the following reliefs:

(i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records relating to Ext.P6 Government Order and quash the same to the extent it modifies Clause 7.1.3 of Ext.P5 prospectus deleting the weightage for rural service.

(ii) Declare that amendment of Ext.P5 prospectus as per Ext.P6 Government Order to the extent it modifies Clause 7.1.3 of Ext.P5 prospectus deleting the weightage for rural service, is arbitrary, illegal and unreasonable.

(iii) Declare that action of the respondents in restricting weightage to the service in difficult rural area and excluding the service in rural area is arbitrary and against Section 6 of the Kerala Medical Officers' Admission to Post Graduate Medical Courses under Service Quota Act , 2008.

(iv) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the resp