JUDGMENT

22.11.2024 Chakradhari Sharan Singh, CJ.

The State of Odisha in the Department of Health and Family Welfare has framed Post-Graduate (PG) (Medical) Selection Odisha “Guidelines for counseling and admission of candidates for Post- Graduate (Medical) & Post-MBBS NBEMS Diploma Courses in Government and private Medical Colleges of the State 2024-25” (the Guidelines for short). As manifest from its nomenclature, the Guidelines lay down the procedure for counselling and admission of candidates for PG (Medical) Courses in various Medical Colleges in the State of Odisha. Since Clauses-F, G and H of the said Guidelines are at the core of the controversy, it is deemed fit to reproduce them at the very outset:

“F. ELIGIBILITY To be eligible a candidate must have passed MBBS from any MCl/NMC recognized institution / equivalent and must have the following criteria:

1. A candidate must be a permanent resident of Odisha.

OR A candidate of outside state but passed MBBS from any Govt Medical College of Odisha, who was admitted under 15 % All India Quota seats.

2. Must have qualified in NEET PG of current year, securing the qualifying marks as prescribed by MCI/NMC

3. Must have completed one year of Compulsory Rotatory Internship/Houseman ship by 15th August of current year of admission or as may be notified by MCC for the current year.

4. Must have registered himself/ herself under State/

Central Council of Medical Registration.

5. Candidates who are undergoing P.G.(Medical) Course in any subject and wants to take fresh admission she/ he has to comply the terms and conditions of bond and deposit appropriate monetary penalty at the time of admission.

G. CATEGORY OF CANDIDATES:

1. A Direct Candidate is one who at the time of application:

Is either unemployed or under employment of Government of Odisha/ Govt. of Odisha Public Sector Undertakings/ Govt. of India Public Sector Undertakings located in Odisha/ Defence services located in Odisha but not completed 3 years of service which includes all categories of employment like contractual/ temporary/ adhoc/regular by 31st March of the current year of admission.

2. An In-service candidate is one who at the time of application:

Is under employment in Government of Odisha/

Govt. of Odisha Public Sector Undertakings / Govt. of India Public Sector Undertakings located in Odisha/ Defence service in Odisha and has completed a length of 3 years of service including all categories of employment like contractual/ temporary/ adhoc /

regular by 31st March of the current year of admission excluding at-a stretch leave of any kind of 30 days or more. However, the maternity leave is exempted from this exclusion and shall be counted towards the length of three years of service.

3. Candidates under employment in regular service at the time of application in Government of Odisha/ Govt. of Odisha Public Sector Undertakings / Govt. of India Public Sector Undertakings located in Odisha/ Defence service located in Odisha shall be eligible to apply for the state quota diploma course.

NB: The cut off date of 31st March mentioned above is subject to change, as per any change in schedule of NEET PG and or All India Counseling which will be notified.

(Highlights for emphasis)

H. ADDITIONAL WEIGHTAGE:

1. The additional weightage will be awarded to in-service category candidates vide section G.2. supra and shall be calculated for the number of days actually worked in institutions in remote/ vulnerable areas till the 31st March of the current year of admission at the following rates subject to maximum of 30% of marks secured to be added to the NEET-PG score of the candidate while determining the merit.

a. Candidates who are working prior to dt.21.03.2016 shall be awarded additional weightage @ 10% marks per year as per provisions of Govt. vide Notification No. ME- II-M-02/2015-5750/H/ dt.21.03.2016 vide Annexure A (enclosed)

b. Candidates who have joined service after dt.21.03.2016 shall be awarded additional weightage @ 2.5%, 5%, 7.5% & 10%