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2020 DIGILAW 1084 (JHR)

Makbul Ansari v. State of Jharkhand through its Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Ranchi

2020-11-12

SANJAY KUMAR DWIVEDI

body2020
ORDER : Heard Mr. Piyush Chitresh, the learned counsel for the petitioners and Mr. Debarshi Mondal, the learned counsel for the respondent State. 2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 3. On the earlier occasion, the respondents were directed to file the counter affidavit. The counter affidavit has been filed. 4. Today when the matter was taken up, the learned counsel for the petitioners as well as the learned counsel for the respondent State are agreed that the writ petition can be disposed of for considering the representation of the petitioners. In view of such submissions of the learned counsel for the parties, the writ petition is being disposed of. 5. The petitioners have prayed in prayer no. B to appoint the petitioners as Senior Residents in various medical colleges in the State of Jharkhand as they have completed their post graduation in a three years course in various medical disciplines and are eligible for being appointed as Assistant Professors as per MCI guidelines after completing one year of senior residency thereby giving them an opportunity to enhance their career prospects for the session 2020. 6. In view of the above the learned counsel for the petitioners submits that the Government of Jharkhand vide notification dated 06.04.2017 provided that merit of candidates who are in service of Government /public authority, weightage in marks may be given by the government competent authority as an incentive at the rate of 10% of the marks obtained each year of the service in remote and or difficult areas for maximum upto 30% of the marks obtained. It is stated that after completion of MBBS the petitioners joined. The petitioner no.1 after completion of MBBS joined as medical officer under Jharkhand Government through JPSC on 07.12.2015 and was posted as Additional Primary Health Centre, Pandu, Dist. Palamau. After being declared successful in the NEET PG Exam entrance exam 2017 by utilizing 10 % of the incentive marks in NEET PG examination, the petitioner took admission in General Surgery for session 2017-2020 in Rajendra Institute of Medical Sciences. Palamau. After being declared successful in the NEET PG Exam entrance exam 2017 by utilizing 10 % of the incentive marks in NEET PG examination, the petitioner took admission in General Surgery for session 2017-2020 in Rajendra Institute of Medical Sciences. The petitioner no.2 has been appointed as permanent Medical Officer in Jharkhand State Health Services and has been posted to Primary Health Centre, Deori, District Giridih. It is stated that the petitioner no.2 after being declared successful in the NEET PG Exam entrance exam 2017, by utilizing 10% of the incentives marks in NEET PG Examination, the petitioner took admission in Pediatrics for session 2017-2020 in Rajendra Institute of Medical Sciences and that the similarly petitioner no.3 after being declared successful in the NEET PG Exam entrance exam 2017 by utilizing 10% of the incentive marks in NEET PG examination, the petitioner took admission in Orthopedics for session 2017 -2020 in Rajendra Institute of Medical Sciences. It is further stated that the petitioner no.4 after being declares successful in the NEET PG Exam entrance exam 2017 by utilizing 10% of the incentive marks in NEET PG examination the petitioner took admission in Pediatrics for session 2018-2020 in Rajendra Institute of Medical Sciences. 7. In view of the above, the learned counsel for the respondent State submits that the petitioners may file a fresh representation and the authority concerned will take decision in accordance with the rules, regulations and the guidelines. 8. In view of the above, the petitioners are directed to file fresh representation along with all the credentials on which the petitioners are relying before the respondent no.3 within a week. 9. If such representation is filed within the aforesaid period, the respondent no.3 shall take decision in accordance with the rules, regulations and the guidelines and considering the documents annexed with the said representation and also taking in to consideration the appointment of the similarly situated persons earlier, within a period of eight weeks thereafter. 10. With the above observation and direction, the instant writ petition [W.P.(S) No. 2799 of 2020] stands disposed of. Petition disposed of.