Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 2424 (ALL)

Garima Mishra v. State of U. P. Thru Prin. Secy. Medical & Health Deptt.

2016-07-13

ANIL KUMAR, SATYENDRA SINGH CHAUHAN

body2016
JUDGMENT Heard Sri H.G.S. Parihar, Senior Advocate assisted by Sri Pankaj Pathak, learned counsel for petitioner and Sri H.P. Srivastava, learned Standing Counsel. 2. Counter affidavit filed today is taken on record. 3. Through this writ petition, the petitioner has made a prayer that her candidature for admission in post graduate court on the basis of UPPGMEE, 2016 may be considered taking into consideration the fact that she has completed all the requisite requirements as contemplated under Regulation 9 of the Medical Council of India Postgraduate Medical Education Regulations, 2000 and has also completed the rural posting as required under the said regulation and the criteria fixed by the State Government. 4. Counsel for petitioner submits that petitioner was posted in the rural area and by virtue of her posting in the rural area, she took certain maternity leave and child care leave. The said leave of the petitioner is being treated by the opposite parties as not having worked in the rural area. 5. We fail to understand that if a person by virtue of his/her posting is posted in the rural area and takes certain compulsory leave as contemplated under the law then the said period is to be treated as having worked in the rural area. 6. The case of the petitioner, therefore, is required to be considered in the light of the aforesaid fact as well as the order passed by Hon'ble the Supreme Court in SLP No. 13832/2016 (State of U.P. and Ors. Vs. Dr. Dinesh Singh Chauhan). The said order was passed on 12.05.2016, relevant portion of the order is reproduced as under: - "In the circumstances, we direct that the State Government shall as expeditiously as possible revise and redraw the merit list of the candidates keeping in view Regulation 9 of the Medical Council of India Postgraduate Medical Education Regulations, 2000 and giving to the eligible candidates such weigtage as may be due to them for rendering service in notified rural and/or difficult areas and to grant admission to the candidates found suitable for the same on the basis of such redrawn merit list. This exercise shall be competed before 30th May, 2016, the last date fixed for granting of admission. The entire exercise so conducted shall however remain subject to the outcome of these proceedings." 7. This exercise shall be competed before 30th May, 2016, the last date fixed for granting of admission. The entire exercise so conducted shall however remain subject to the outcome of these proceedings." 7. The petitioner also asserts that she has been drawing salary all along from the rural area and by virtue of attachment she has been asked by opposite parties to work in the district hospital, which is beyond the control of the petitioner. The submission is that if the salary is drawn from rural area then for all purposes the posting of the petitioner shall be deemed to be in rural area. 8. The petitioner has also raised objection in regard to her attachment and her objection has been cancelled by the opposite parties. 9. In these circumstances, opposite parties are directed to consider the petitioner's candidature for admission in post graduate course on the basis of UPPGMEE, 2016 within a period of 15 days. Opposite parties while considering the candidature of the petitioner will also keep in mind the law laid down by Ho'nble the Supreme Court in the case of Satyabrata Sahoo and others Vs. State of Orissa and others, 2012 (8) SCC 203 . The writ petition is disposed of accordingly.