JUDGMENT Heard learned counsel for the parties. 2. The prayer of the petitioner in this writ application reads as follows:- “To issue an appropriate writ/order/direction in the nature of Mandamus commanding the respondents to award weightage of 30% of the marks obtained by the petitioner in National Eligibility-cum-Entrance Test-PG (NEET-PG) for the academic session 2013 held from 23rd November to 6th December, 2012 which was conducted by the National Board of Examination, New Delhi as an incentive to serve more than three years in remote areas as an MBBS Doctor and then to re-determine the merit position of the petitioner.” 3. Mr. Yadu Vansh Giri, learned senior counsel for the petitioner, in support of the aforementioned prayer, has submitted that in view of the notification dated 15.2.2012 issued by the Central Government, whereby and whereunder, Postgraduate Medical Education Regulation, 2000 has been amended by the Medical Council of India that the previous approval of the Central Government, the petitioner would be entitled for being given weightage of 30% marks over the marks obtained by him in National Eligibility cum Entrance Test-PG (NEET-PG), inasmuch as, he has the experience of working for more than three years in the remote and difficult areas. In this regard, he has also placed reliance on a certificate issued by the Civil Surgeon cum Chief Medical Officer, Sitamarhi dated 31.5.2013 which according to him would enable the petitioner to be given 30% weightage. 4. In order to appreciate the aforesaid submissions, it would be relevant to note here that a notice for NEET-PG was issued by the National Board of Examination in September, 2012 for admission to M.D./M.S./Post Graduate Diploma Courses, 2013. The brochure/information bulletin for NEET-PG as contained in Annexure-4 had contained the following clause:- “1(I) There shall be a single eligibility cum entrance examination namely „National Eligibility-cum-Entrance Test for admission to Postgraduate Medical Courses in each academic year. II. 3% seats of the annual sanctioned intake capacity shall be filled up by candidates with locomotory disability of lower limbs between 50% to 70%. II. 3% seats of the annual sanctioned intake capacity shall be filled up by candidates with locomotory disability of lower limbs between 50% to 70%. Provided that in case any seat in this 3% quota remains unfilled on account of unavailability of candidates with locomotory disability of lower limbs between 50% to 70% then any such unfilled seat in this 3% quota shall be filled up by persons with locomotory disability of lower limbs between 40% to 50%- before they are included in the annual sanctioned seats for General Category candidates. Provided further that this entire exercise shall be completed by each medical college/institution as per the statutory time schedule for admissions. III. In order to be eligible for admission to any postgraduate course in a particular academic year, it shall be necessary for a candidate to obtain minimum of marks of 50th percentile in ‘National Legibility-cum-Entrance Test for Postgraduate course’ held for the said academic year. However, in respect of candidates belonging to Scheduled Castes, Scheduled Tribes. Other Backward Classes, the minimum marks shall be at 40th percentile. In respect of candidates as provided in clause 9(11) with locomotory disability of lower limbs, the minimum marks shall be at 45th percentile. The percentile shall be determined on the basis of highest marks secured in the All-India common merit list in ‘National Eligibility-cum-Entrance Test’ for Postgraduate courses. Provided when sufficient number of candidates in the respective categories fail to secure minimum marks as prescribed in National Eligibility-cum-Entrance Test held for any academic year for admission to Post Graduate Courses, the Central Government in consultation with Medical Council of India may at its discretion lower the minimum marks required for admission to Post Graduate Course for candidates belonging to respective categories and marks so lowered by the Central Government shall be applicable for the said academic year only. IV. The 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 the eligible candidates shall be prepared on the basis of marks obtained in National Eligibility-cum-Entrance Test and candidates shall be admitted to Post Graduate Courses from the said merit lists only. An all India merit list as well as State-wise merit list of the eligible candidates shall be prepared on the basis of marks obtained in National Eligibility-cum-Entrance Test and candidates shall be admitted to Post Graduate Courses from the said merit lists only. Provided that in determining the merit of candidates who are in service of Government/public authority, weightage in the marks may be given by the Government/Competent Authority as an incentive at the rate of 10% of the marks obtained for each year of service in remote and/or difficult areas upto the maximum of 30% of the marks obtained in National Eligibility-cum-Entrance Test, the remote and difficult areas shall be as defined by State Government/Competent authority from time to time. V. No candidate who has failed to obtain the minimum eligibility marks as prescribed in regulations, shall be admitted to any Postgraduate courses in the said academic year. VI. In non-Government medical colleges/institutions, 50% (Fifty Percent) of the total seats shall be filed by State Government or the Authority appointed by them, and the remaining 50% (Fifty Percent) of the seats shall be filled by the concerned medical colleges/institutions on the basis of the merit list prepared as per the marks colleges/institutions on the basis of the merit list prepared as per the marks obtained in National Eligibility-cum-Entrance Test. VII. 50% of seats in Post Graduate Diploma Courses shall be reserved for Medical Officers in the Government service, who have served for at least three years in remote and/or difficult areas. After acquiring the PG Diploma, the 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. VIII. The Universities and other authorities concerned shall organize admission process in such a way that teaching in postgraduate courses starts by 2nd May and by 1st August for super specialty courses each year. IX. There shall be no admission of students in respect of any academic session beyond 31st May for postgraduate courses and 30th September for super specialty courses under any circumstances. The Universities shall not register any student admitted beyond the said date. IX. There shall be no admission of students in respect of any academic session beyond 31st May for postgraduate courses and 30th September for super specialty courses under any circumstances. The Universities shall not register any student admitted beyond the said date. X. The Medical Council of India may direct, that any student identified as having obtained admission after the last date for closure of admission be discharged from the course of study, or any medical qualification granted to such a student shall not be a recognized qualification for the purpose of the Indian Medical Council Act, 1956. The institution which grants admission to any student after the last date specified for the same shall also be liable to equivalent to the extent of such admission made from its sanctioned intake capacity for the succeeding academic year.” (underlining for emphasis) 5. It is also not in doubt that the petitioner was applicant for NEET-PG 2013 and the admit card was issued to him wherein the date of examination was fixed as 29.11.2012. The result of the said examination was published on 16.5.2013 wherein the petitioner was shown to have obtained Score of 804.5068 with 78.2826 Percentile. The rank of the petitioner for the State of Bihar was 1143 whereas all India Category Rank was 6054. The petitioner was shown to have qualified in NEET-PG test and was held eligible for unreserved and OBC seats. 6. The National Board of Examination, while declaring the result, had also issued important instructions, which for the sake of convenience is also quoted hereinbelow:- “Important Instructions: 1. Candidates is purely provisional subject to fulfillment of the eligibility criteria as mentioned in NEET-PG Information Bulletin (for 2013 admission session) and verification of the original documents at the time of counseling/joining of MD/MS/Post Graduate Diploma Courses. In case any candidates does not fulfill the eligibility criteria, his/her name shall be automatically taken off from the merit list. 2. Validity: This result is valid for admission to MD/MS/Post Graduate Diploma Courses of 2013 admission session only. 3. Domicile as opted by the candidate: Some states have a policy of allowing holders of bonafide domicile to pursue post graduation (MD/MS/PG Diploma) at respective institutions in that state, despite of the candidates having their graduate qualification from other states/union territories/foreign medical institutions. 3. Domicile as opted by the candidate: Some states have a policy of allowing holders of bonafide domicile to pursue post graduation (MD/MS/PG Diploma) at respective institutions in that state, despite of the candidates having their graduate qualification from other states/union territories/foreign medical institutions. However, before making such claim the candidates are required to verify from the respective state governments and the applicable rule position, if at all they will be considered for admission to Post Graduate seats based on domicile criteria. 4. Ranking System: a. All India Ranking – This is the overall merit position of the candidate amongst all the candidates who have appeared in the NEET-PG examination. b. State Ranking – This is the merit position of the candidate from amongst the candidates who are graduates of the particular state or have a domicile opted for the particular state. Some candidates shall have two ranks, one based on the state of graduation and another based on the Domicile opted by them (for those candidates whose state of graduation is different from their domicile state). c. Category Rank – This is the overall merit position of the candidate in the category (OBC/SC/ST/PH) as opted by the candidate. 5. For in-service candidates: The benefits of rural/remote/difficult area service shall be extended to in the in-service candidates as per the applicable rules/guidelines of the respective state governments/state counseling authorities/institutes at their own level. 6. This is a computer generated result and hence does not require signature. NBE disclaims responsibility for any error in the result that might occur due to technical reasons. 7. The merit list as provided vide this result shall be used for counseling/admission to various Post Graduate seats in accordance with the orders of the Hon’ble Supreme Court dated May 13th, 2013 and are subject to the final judgment to the pronounced by the Hon’ble Supreme Court of India in the TC (Civil) 98-99/2012 and related matters.” (underlining for emphasis) 7. On declaration of the aforesaid result on 16.5.2003, the petitioner on 30.5.2013 had filed a representation to the Chairman of the National Board of Examination wherein he had claimed that on the basis of his serving in remote/difficult areas as Medical Officer, he ought to have given credit of 30% and his result ought to have been published by giving him weightage of 30%. In the said representation, the petitioner had accordingly requested the Chairman of the National Board of Examination to give him weightage of 30% of marks obtained by him in NEET-PG examination and after re-determining his merit position, a fresh merit list should be published in his case. 8. Mr. Giri, learned senior counsel for the petitioner, in fact in the backdrop of the aforesaid admitted facts, was of the view that if 30% marks is added separately to the marks already secured by the petitioner in the written test, his all India as also State Rank would automatically improve and he will have a better chance to be admitted in the Post Graduate Course in comparison to the present All India Rank and the State Rank which is based without credit to him of his working in remote areas. 9. In the considered opinion of this Court, there is a lot of misconception in the mind of the petitioner about himself and his result. The result which has been declared by the National Board of Examination is based on the performance of the petitioner in the written test. The score and percentile as shown in the result-sheet have made him qualified and thus has made him eligible for being considered in course of counseling. It is well known that in course of counseling, the seats have to be allotted on the basis of the All India Rank as well as State Rank. The brochure/information bulletin (Annexure-4), which has been produced by the petitioner in a truncated form and without enclosing the counseling details and availability of MD/MS/Post Graduate Diploma Courses 2013 Admission Session, by itself would go to show that the reservation of the seats in the medical colleges/institutions for respective categories has to be given on the basis of laws prevailing in the particular State. Clause-IV of the information bulletin and Clause-7 of the Result already quoted above and underlined by this Court leaves nothing for speculation that there has to be an All India Merit List as well as State-wise Merit List of the eligible candidates on the basis of marks obtained by him in NEET-PG written test and the admission of the candidates is to be made to the post graduate courses from the merit list only. The proviso which has been added therein for giving weightage is by way of an incentive to the candidates in service of the Government/public authority @ 10% of the marks for each year of service in remote and/or difficult area up to the maximum of 30 for three years or more makes it abundantly clear that the marks obtained in NEET-PG Examination has only to be gone into at the stage of counseling for allocation of seats. In other words, when the counseling is held in a particular State, it is the defined remote and difficult areas prescribed down by that State which has to be taken into consideration. 10. This aspect becomes further clear from Clause-VII of the prescribed condition in the Information Bulletin wherein 50% of seats in Post Graduate Diploma Course (not degree course leading to MS/MD) has to be reserved for Medical Officer in the government service who has served at least for three years in remote and/or difficult areas. For them, there is another undertaking to be given that after acquiring PG Diploma, the Medical Officer shall serve for two more year in remote/difficult area as defined by the State Government/competent authority from time to time. 11. Thus, in view of the very clear provision made in the information bulletin of NEET-PG and the result, the demand of the petitioner to revise his marks of the written test and consequently his all India and the State Rank by the National Board of Examination is wholly misconceived and in this regard the underlined portion of Clause-5 of the result, already quoted above, clearly goes to show that the benefits of rural/remote/difficult area to in service candidates have to be given by State counseling authorities/institution and not by the National Board of Examination. The National Board of Examination has already declared the result in which the petitioner is shown to have qualified with score of 804.5068 and percentile of 78.2826 giving him All India Rank of 19550 and State Rank for the State of Bihar 1143. Therefore, if the petitioner on the basis of the aforesaid result is called for counseling in the State of Bihar, either for PG Degree or Diploma Course, he may be given the benefit of maximum 30% weightage provided he can lay proof of his working in the remote/difficult areas as may have been defined by the State of Bihar. 12. Therefore, if the petitioner on the basis of the aforesaid result is called for counseling in the State of Bihar, either for PG Degree or Diploma Course, he may be given the benefit of maximum 30% weightage provided he can lay proof of his working in the remote/difficult areas as may have been defined by the State of Bihar. 12. The demand of the petitioner however before the Chairman of National Board of Examination in his representation dated 30.5.2013 for revision of his result by giving 30% more marks and upgrading of all India and the State rank on the ground that he had served as Medical Officer in the Primary Health Centre, Surshand in the district of Sitamarhi and as such, was entitled for weightage of 30% marks obtained in NEET-PG Examination seems to be wholly misconceived for two reasons. Firstly, the National Board of Examination at the time of holding written examination and declaring the result is not required to take into consideration the alleged factor of weightage for a Government Medical Officer working in the remote/difficult area. This exercise has to be done only after declaration of the result and at the stage of counseling for the particular Medical College of the State. Since the State of Bihar has been allotted to the petitioner with the State Rank of 1143, it is for the petitioner to establish at the time of counseling in the State of Bihar that he has worked for a period of three years or more in order to be given 30% weightage for his posting in the remote areas as may be defined by the State of Bihar. 13. Secondly, the petitioner on the basis of experience certificate issued by the Civil Surgeon, Sitamarhi on 31.5.2013 could not have been given the weightage of 30% by the National Board of Examination before whom the petitioner had filed his representation for re-determination of his merit position and re-publication of his fresh merit list on 30.5.2013. From the representation itself, it will be clear that the said subsequent certificate dated 31.5.2013 was not made part of representation dated 30.5.2013 (Annexure-7). From the representation itself, it will be clear that the said subsequent certificate dated 31.5.2013 was not made part of representation dated 30.5.2013 (Annexure-7). As a matter of fact, even when the aforesaid certificate itself goes to show the posting of the petitioner in the Primary Health Centre, Surshand in the district of Sitamarhi only for a period of twenty days i.e. 25.1.2008 to 13.2.2008 and rest of his period at Sitamarhi, his claim for the entire period towards his posting in the remote/difficult areas would require verification. Obviously, such certificate issued by the Civil Surgeon cum Chief Medical Officer, Sitamarhi contained in memo no. 1505 dated 31.5.2013 would require confirmation in the background of the decision of the State Government of Bihar, if any, as to the posting in which place would qualify a Government Medical Officer to claim the benefit of weightage for his posting in remote/difficult areas. This in view of the Information Bulletin can be done only by the Government of Bihar and not by the Civil Surgeon, Sitamarhi. 14. Thus, if the petitioner wants to take benefit of 30% weightage at the time of his counseling, he will have to procure a certificate to this effect from the State Government which alone can declare as to whether the posting of the petitioner was made in the difficult/remote areas, inasmuch as, the information bulletin of NEET-PG itself lays down that it is the respective State Government which have the power to define the difficult/remote area for the purpose of giving weightage of 30%. 15. Mr. Giri has informed this Court that the counseling is going to commence from 25th of July, 2013. Therefore, this Court would direct the Principal Secretary of the Health Department to examine the claim of the petitioner as to whether his working in the district of Sitamarhi in between 14.3.2007 to 28.5.2013 as shown in the certificate of the Civil Surgeon cum Chief Medical Officer, Sitamarhi dated 31.5.2013, shall qualify as his being posted in the remote/difficult area for being awarded 30% weightage for admission in the Post Graduate Course in the light of the result declared by the National Board of Examination. 16. In view of the submission of Mr. 16. In view of the submission of Mr. Giri that the counseling would commence from 25.7.2013, this Court would also direct the petitioner to file his representation along with the connected proof by way of documents and a copy of this order before the Principal Secretary of the Health Department immediately who, after considering the materials on record and the Government decision with regard to the remote/difficult areas, would issue necessary orders/certificate as with regard to eligibility of the petitioner of being given weightage in terms of the notification of the Government of India dated 27.2.2012 (Annexure-1) read with the information bulletin contained in Annexure-4. If such a representation is filed by the petitioner on or before 8th of July, 2013, the same shall be disposed of by the Principal Secretary of the Health Department on or before 22nd of July, 2013 without fail so that the petitioner can get the admissible weightage, if permissible, in the counseling which would commence from 25.7.2013. 17. With the aforementioned observations and direction, this application is disposed of.