HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 30306 OF 2025

O R D E R:

Petitioner is aggrieved by the denial of permission for sponsorship to prosecute Post Graduate Course in Medicine for the year 2025 on the ground that she does not have three years of field service, while Rule 50 (5) of the Service Rules prescribe five years of regular service.

2. It is stated, petitioner is working as Senior Medical Officer (Deputy Commandant) in Central Reserve Police Force and was posted in Core Special Operating Zone (SOZ), Bijapur District, Chhattisgarh State. She holds MBBS qualification and was selected as Medical Officer (Assistant Commandant) and joined service on 28.07.2018 and was posted to Composite Hospital, Hyderabad where she worked till 29.08.2022. While so, petitioner is stated to have applied for Post Graduate Entrance Examination, 2025 on 31.10.2024 through proper channel and the same was forwarded to the 4^th Respondent on

02.11.2024.

2.1. According to petitioner, there is no specific requirement of making an Application through proper channel for Post Graduation Entrance Examination which is conducted by National Board of Examinations in Medical Sciences (NBE). She appeared for the examination and secured 300 out of 800 marks with NEET PG 2025 Rank of 103214. Therefore, she requested the Respondents concerned to give her Sponsorship Certificate for admission into one of the six courses to which she is eligible, but her Application was not considered by the 3^rd Respondent, which was communicated by order dated

30.09.2025.

3. Learned Senior Counsel Sri S. Satyam Reddy appearing on behalf of Sri Sarasani Rahul Reddy, learned counsel for petitioner contends that guidelines for Sponsorship for PG Medical Courses of the year 2012 do not govern the criteria for eligibility. Notification issued by the 2nd Respondent for recruitment to the post of Medical Officers in 2016 at para 9 clearly states as follows:

“ Provision for PG Course:

An Officer can apply for PG Entrance Examination on completion of 5 years regular service.

3.1. It is also contended that petitioner completed five years of regular service in 2023 itself, therefore respondents cannot refuse the Sponsorship Certificate for PG Admission; out of 210 vacancies for Priority No.III in DGAFMS Institutes, only

25 candidates including petitioner qualified in the written examination. According to learned Senior Counsel, counselling is likely to take place within a week and if Sponsorship Certificate is not given, candidature of petitioner would not be considered.

3.2. Learned Senior Counsel draws attention of this Court to the order dated 20.03.2019 of the Gauhati High Court in Mrs.Sunita Mech Vs. The Union of India (WP (Civil) No. 1923 of 2019) wherein at para 11 it was held that policy guidelines dated 29.02.2012 shall not override CCS Leave Rules, 1972 and therefore, directed the authorities to grant Sponsorship Certificate, relying upon Rule 50 (5) of CCS Leave Rules, 1972, which reads as follows:

“ Rule 50 (5)

(i) Who has satisfactorily completed the period of probation and has rendered not less than 5 years regular/continuous service including the period of probation (ii) who is not due to reach the age of superannuation from the Government Service within 3 years from the date on which he is expected to return to the duty after expiry of leave; and (iii) who executes a bond to serve the Government for a period of 3 years after the expiry of leave”.

3.3. It is contended that petitioner applied on 31.10.2024 long before the last date of the examination which held on 03.08.2025, and made another Application on 26.05.2025 which was also much before the last date of examination held on 03.08.2025. It is also contended that the Policy Guidelines of 2012 state that permission for appearing in written qualifying examination for PG Courses/ Super Specialty Course or any other course shall be given by the 3rd Respondent; his Application was received by the Board and was allowed to