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Narendra Soni and Ors. v. The State of Haryana and Ors. - (Supreme Court) (08 Jun 2017)

50% seats in Post Graduate Diploma Courses have to be offered to in-service doctors who have served three years in remote areas

MANU/SC/0675/2017

Education

Petitioners are in-service doctors who have applied for admission in Post Graduate Degree and Diploma Courses. Petitioners claimed that, having rendered service in remote and/or difficult areas, they are entitled for weightage as admissible under Regulation 9 of Post Graduate Medical Education Regulations, 2000. It is submitted that, earlier a list for remote and difficult areas was issued by State of Haryana on 05th May, 2017, which was challenged before High Court by filing a writ petition. Writ petition was allowed by Punjab and Haryana High Court against which order of State came in SLP, which after granting leave, was decided by this Court on 25th May, 2017. This Court affirmed order of High Court.

Petitioners in instant writ petition prays for Issuance of an appropriate writ, order or direction in nature of Certiorari quashing counselling process for MD/MS/PG Diploma held by Registrar, Pt. B.D. Sharma, University of Health Science, as unconstitutional being ultra vires of Articles 14 of Constitution of India. Further, for issuance of appropriate writ, order or direction directing Respondent, State Authorities to issue a Notification notifying remote and/or difficult areas in terms of Post Graduate Medical Education Regulations, 2000 framed by Medical Council of India and grant applicable weightage in marks while considering candidature of Petitioners for admission for MD/MS/PG Diploma in State of Haryana.

Regulation 9(IV) of the 2000 Regulation envisages a weightage to those in-service doctors who have rendered their services in difficult and/or remote areas, and Petitioners who have served in difficult and/or remote areas are being deprived of their statutory weightage due to inaction on part of State.

Reservation of seats in medical colleges/institutions for respective categories shall be as per applicable laws prevailing in States/Union Territories. An all India merit list as well as State-wise merit list of eligible candidates shall be prepared on basis of marks obtained in National Eligibility-cum-Entrance Test and candidates shall be admitted to Post-graduate courses from said merit list only: Provided that, in determining merit of candidates who are in-service of Government/public authority, weightage in marks may be given by Government/Competent Authority as an incentive at rate of 10% of marks obtained for each year of service in remote and/or difficult areas upto maximum of 30% of marks obtained in National Eligibility-cum-Entrance Test, remote and difficult areas shall be as defined by State Government/Competent Authority from time to time.

From judgment dated 25th May, 2017, it is clear that, State must issue a notification notifying remote and/or difficult area, if it intends to give weightage to Post Graduate Courses. Fact remains that, no fresh notification has been issued till date. Thus, there is no list available for State which can be utilised for giving weightage in Post Graduate Degree and Diploma Courses.

Regarding 50% of seats in Post Graduate Diploma Courses, Regulation 9(VII) mandates State to reserve 50% of seats in Post Graduate Diploma Courses for medical officers in Government service who have served for at least three years in remote and/or difficult areas. After acquiring PG Diploma, Medical Officers shall serve for two more years in remote and/or difficult areas as defined by State Government/Competent authority from time to time. Petitioners submits that, by just not acting, State cannot be allowed to violate mandatory provisions of Regulation 9(VII), and 50% seats in Post Graduate Diploma Courses have to be offered to in-service doctors who have completed three years. Object and purpose of giving 50% seats in Post Graduate Diploma Courses is to give incentive and encouragement to those in-service Doctors who have rendered their service in the remote and/or difficult areas. Fact further remains that, as on date, there is no list of difficult and/or remote areas which can be utilised for giving weightage.

Submission that, admission to Post Graduate Diploma Courses, on 50% posts, should be made on merit of in-service doctors who have completed three years service needs to be accepted. Apex Court further clarified that, only those candidates, under Regulation 9(VII), for against 50% seats, shall be considered who have given their application and obtained No Objection Certificate from State of Haryana. Candidates who have obtained No Objection Certificate, admission shall be made on basis of merit of NEET for 50% Diploma seats. Petition disposed off.

Tags : COUNSELLING PROCESS   MARKS   WEIGHTAGE  

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