JUDGMENT Samapti Chatterjee, J. - The matter was taken up on 23rd June, 2020. Since the Court was not satisfied with the submission of Mr. Bandopadhyay, therefore, Mr. Bandopadhyay was directed to produce the records pertaining to the petitioner's claim. Today some documents were produced by Mr. Bandopadhyay those are kept on record. Mr. Halder also today files an affidavit against the document used by Mr. Bandopadhyay. Copies of which were supplied to Mr. Halder through online. 2. Petitioner filed the present writ petition assailing the impugned judgment and order dated 29th April,2020 passed in O.A. No. 209 of 2020 thereby refusing the petitioner's prayer for awarding incentive marks for serving in remote and difficult area as per notification dated 26th February, 2020 on the ground, inter alia that the petitioner does not draw remuneration for serving in rural area. 3. Mr. Halder , learned advocate appearing for the petitioner submits that the petitioner has been working as Neuro Medicine RMO, Neuro Medicine Department at Anamoy Superspeciality wing situated at Bamchandaipur, Po-Joteram PIN-713104 under the control of Burdwan Medical College since 21st August , 2015 vide notification dated 18th August, 2015. Since the petitioner qualify the NEET P.G. 2020 for MD post, therefore, pursuant to the advertisement dated 18th March, 2020 petitioner applied for appearing in the said counselling thereby submitting the application which was verified and signed by the Principal of the Burdwan Medical College on 23rd March, 2020. It is further vehemently argued by Mr. Halder that the petitioner is entitled to get the incentive marks for serving in rural/difficult/remote area as per the notification dated 26th February, 2020. Unfortunately, from the website petitioner came to know that incentive marks was not awarded in favour of the petitioner. Immediately thereafter petitioner made representation before the authority for awarding incentive marks for serving in remote and difficult area at Anamoy Superspeciality wing situated at Bamchandaipur, Po-Joteram PIN-713104, Neuro Medicine Department under the control of Burdwan Medical College . Since the authority was sitting tight over the petitioner's representation, therefore, without finding any alternative petitioner was compelled to file application being O.A. No. 209 of 2020 before the West Bengal Administrative Tribunal. That application was summarily dismissed by the impugned order dated 29th April, 2020 by the learned Tribunal. Mr. Halder draws the Court's attention at paragraph 2 of the affidavit filed in Court on 25th June, 2020. 2. That application was summarily dismissed by the impugned order dated 29th April, 2020 by the learned Tribunal. Mr. Halder draws the Court's attention at paragraph 2 of the affidavit filed in Court on 25th June, 2020. 2. "This Reply is extremely urgent as the entire crux of argument placed by the State Respondents now on the one point that 'even if the petitioner is MES candidate and serving in Rural Area, as he is not getting the Rural Allowances, he is not entitled to get the Incentive marks'; the point to be noted that there is no other Medical College in West Bengal except the North Bengal Medical College Doctors have been allowed any such Allowances like Rural allowances and that is given only due to the fact that 'North Bengal Medical College' is under Remotest Zone as per Transfer Policy of the Health Department, not due to it is in Rural Area, no other Medical College Doctors obtained such Allowances, but in the Final Combined Eligible Candidate List with State Serial Number, there are several Candidates who are in MES Service, not getting any Rural Allowances as per norms and they have been given/obtained incentive marks to the tune of 30% as well as they have selected and obtained seats in Online Counseling and admitted in such seats of Post Graduate Degree, Names of 8 such Candidates who are in MES service, who have not obtained any Rural allowances, allowed incentives, obtained seats Sl no. i to vi and have taken admission in State First Round Counseling are as follows: Sl.No. Name NEET PG Marks With Incentive Marks State Rank i. Atanu Biswas 648 842.4 69 (Page-3) ii. Safikul Hassan 596 774.8 222(Pg-10) iii. Safikul Sarkar 520 676 703(Pg-31) iv. Sk. Haidar Ali 509 661.7 789(Pg-35) v. Sk. Rina Parvin 486 631.8 952(Pg-42) vi. Md. Mustakim 437 568.1 1296(Pg-57) vii. Rafikul Shaikh 389 532.4 1461(Pg-64) viii. Sourav Das 353 458.9 1749(Pg-76) 4. Out of which Sl. No.1, Atanu Biswas of Medinipore Medical College (Radiodiagonostic), Sl. No.2, Safikul Hassan of Bankura Sammillani Medical College (Pharmacology), Sl. No.3, Safikul Sarkar of Medinpore Medical College Anatomy), Sl. No.4, Sk. Haidar Ali of Medinipore Medical College (Pathology), Sl. No.5, Sk. Rina Parvin of Medinipore Medical College Psychiatry), Sl. No. 6, Md. Out of which Sl. No.1, Atanu Biswas of Medinipore Medical College (Radiodiagonostic), Sl. No.2, Safikul Hassan of Bankura Sammillani Medical College (Pharmacology), Sl. No.3, Safikul Sarkar of Medinpore Medical College Anatomy), Sl. No.4, Sk. Haidar Ali of Medinipore Medical College (Pathology), Sl. No.5, Sk. Rina Parvin of Medinipore Medical College Psychiatry), Sl. No. 6, Md. Mustakim Rahaman of Medinipore Medical College (FSM) and so on and the point to be noted that no Doctors of such colleges of South Bengal like Medinipore Medical College, Bankura Medical College, Purulia Medical Colleges of West Bengal at all obtained any Rural allowances, even then they have given/obtained incentive marks as well; even some of the names of such candidates not obtained by the petitioners can safely be presumed, such numbers are more than 8 as have been disclosed by the petitioner, then the public authority are discriminating between the employees/Doctors in case to case basis, according to their Sweet will and/or any other corruption are behind it, that should be enquired into and if necessary direction of CBI enquiry can be the best option of the Hon'ble Court to find out the truth and it is also prayed for. 5. Mr. Halder further emphasizes that the doctors who are not enjoying rural allowance they have also been awarded with incentive marks barring the petitioner, though it has been certified by the Principal Burdwan Medical College after verifying the service books pertaining to serial nos. 4,6,7,8 and 10. The column 10 speaks as follows: "10. Details of Rural /Remote/ 3 year and above Difficult service (cut-off date 31.3.2020 ) " 6. Mr Halder vehemently submits that nowhere in the notification dated 26th February, 2020 whispered to that effect that to enjoy the benefit of incentive marks candidates to obtain separate certificate from the Principal of the concerned institution pertaining to his service in rural and difficult area. Though in the present case the Principal of the said Medical College after verifying the service book including serial no. 10 signed the application as stated above. 7. Therefore, in conclusion Mr. Halder submits that authority should have awarded incentive marks in favour of the petitioner as per notification dated 26th February, 2020 for serving in rural and difficult area at Anamoy Superspeciality wing situated at Bamchandaipur, Po-Joteram PIN-713104 under the control of Burdwan Medical College. 8. Mr. 10 signed the application as stated above. 7. Therefore, in conclusion Mr. Halder submits that authority should have awarded incentive marks in favour of the petitioner as per notification dated 26th February, 2020 for serving in rural and difficult area at Anamoy Superspeciality wing situated at Bamchandaipur, Po-Joteram PIN-713104 under the control of Burdwan Medical College. 8. Mr. Halder also draws the Court's attention at the notification dated 26th February, 2020, the same is quoted below: " In terms of the proviso to sub-regulation(4) of regulation 9 of the Post Graduate Medical Education Regulations 2000, issued by the Medical Council of India, the Governor is hereby pleased to notify that from the academic Session 2020 onwards, for selection of candidates/ admission in Post Graduate Courses weightage will be given to the in-service doctors who are the officers of the West Bengal Health Service / West Bengal Public Health cum Administrative Service / West Bengal Medical Education Service serving in rural areas or remote and/or difficult areas in the following manner:- (1) For each completed year of service in primary, secondary and tertiary tier government hospitals situated in the remote and/or difficult areas or rural areas, they shall be eligible for an incentive of 10% of the marks obtained in the National Eligibility cum Entrance Test, provided they have rendered at least three years' of service in their respective service cadre or in all these three cadres taken together; (1) The aforesaid incentives/weightage shall not exceed a maximum of 30% of the marks obtained in the National Eligibility cum Entrance Test that is @ 10% for each completed year of service subject to a maximum of (3) three years, in primary, secondary and tertiary tier government hospital situated in the rural areas, remote and/or difficult areas; Explanation I: The term 'rural areas' means areas other than the areas under the jurisdiction of a Metropolitan Area, Municipal Corporation, Municipality, Cantonment Board, Notified Town Area Committee or Industrial Township Authority and/or other Urban Local Bodies of the like as may be prescribed/notified by the appropriate Government from time to time; Explanation II: The term " Remote and/or Difficult Areas" means and includes (i) the hill areas (demarcated by the region as defined in Section 2(o) of the Gorkhaland Territorial Administration Act, 2011); (ii) the areas of the Sundarbans under the jurisdiction of the Sundarban Unnayan Parshad, (iii) the areas under the jurisdiction of the Paschimanchal Unnayan Parishad and (iv) the areas under the jurisdiction of the Uttarbanga Unnayan Parshad under the Government of West Bengal." 9. Per contra, Mr. Bandopadhyay, learned advocate appearing for the authority submits that petitioner is not entitled to enjoy incentive marks as per notification dated 26th February, 2020 as it is evident from the pay slip of the petitioner that petitioner was not granted rural allowance of Rs. 200/-It is further contended by Mr. Bandopadhyay that since the petitioner did not enjoy the rural allowance of Rs. 200/-, Therefore, petitioner is not entitled to enjoy that benefit as suggested under the notification dated 26th February, 2020. In support of his contention Mr. Bandopadhyay relies on pay slip of other doctors who have enjoyed rural allowance for working in rural area. Reliance was also placed by Mr. Bandopadhyay to the Memorandum dated 15th May, 1990, the relevant portion of said notification as referred by Mr. Bandopadhyay is quoted below : "(4) Rural Allowance: The officers of the Unified Cadre of the WBHS who are posted in Health Centres, institutions situated in rural areas outside the headquarters of districts and sub-divisions and in other health units, viz. A.G. Hospital, charitable Dispensaries, Mobile Medical Units etc. working in rural areas- Rs. 200/- per month." 10. Mr. Bandopadhyay further emphasises that Anamoy Superspeciality wing, Bamchandaipur, Po-Joteram PIN-713104 under the control of Burdwan Medical College though that wing Anamoy Superspeciality wing, Bamchandaipur, Po-Joteram PIN-713104 situates at Panchayat area . Mr. Bandopadhyay stoutly argues that in respect of other doctors to enjoy the benefit of incentive marks candidates should obtain certificate from the Principal of the concerned institution to that effect that the candidate works in rural/remote area. IN support of his contention Mr. Bandopadhyay also relies on some documents but the no objection certificate issued by the Principal of Burdwan Medical College in favour of the petitioner nowhere mentioned that the petitioner worked in rural and difficult area. It is further contended by Mr. Bandopadhyay that since the Burdwan Medical College situates in urban area . Therefore, petitioner is not entitled to enjoy the incentive marks, though petitioner has been working at Anamoy Superspeciality wing, Bamchandaipur, Po-Joteram PIN-713104 under the control of Burdwan Medical College at rural area. Therefore, before parting with the submission of Mr. Bandopadhyay, Mr. Bandopadhyay vehemently submits that the petitioner is not entitled to enjoy the incentive marks as he did not get the rural allowance. Therefore, before parting with the submission of Mr. Bandopadhyay, Mr. Bandopadhyay vehemently submits that the petitioner is not entitled to enjoy the incentive marks as he did not get the rural allowance. Furthermore, though he works at Anamoy Superspeciality wing, Bamchandaipur, PoJoteram PIN-713104 under the control of Burdwan Medical College which situates at urban area. Accordingly, Mr. Bandyopadhyay submits Court should not entertained this application. This writ petition has no infirmity, irregularity or ambiguity in the order dated 29th April, 2020. 11. Considering the submissions as advanced by the learned Advocates and after perusing the records we find that it is not disputed by either of the parties that Anamoy Superspeciality wing situated at Bamchandaipur, PoJoteram PIN-713104 is under the control of Burdwan Medical College which situates at rural area and falls under Panchayat area. It is not disputed by Mr. Bandyopadhyay that the petitioner has been serving at Anamoy Superspeciality wing, Bamchandaipur, PoJoteram PIN-713104 that falls under rural area though under the control of Burdwan Medical College that situates at urban area. We cannot ignore the fact that notification dated 26th February, 2020 only speaks that to enjoy the incentive marks a candidate should serve in rural/remote/difficult area. The notification never suggested that to get the incentive marks candidate should obtain certificate from the Principal of the respective Medical College regarding serving in rural area and more so candidates have to draw the rural allowance as has been projected by Mr. Bandyopadhyay. The plain and simple reading of the notification dated 26th February, 2020 suggests that to enjoy incentive marks one has to serve in rural/remote/difficult area which the petitioner has complied with thereby serving in Anamoy Superspeciality wing, Bamchandaipur, Po-Joteram PIN713104 which situates at rural area. Though it is a wing of Burdwan Medical College situates at urban area. We also cannot shut our eyes on the point raised by Mr. Halder that after verifying the information appears at serial no. 4, 6, 7. 8 & 10 from the service book the Principal of the Burdwan Medical College signed the application of the petitioner on 23rd March, 2020. At the cost of the repetition we have to mention the column no. 10 as referred above which in our considered view petitioner has complied with thereby serving in Anamoy Superspeciality wing, Bamchandaipur, Po-Joteram PIN713104 under the control of Burdwan Medical College situates at rural and difficult area. 12. At the cost of the repetition we have to mention the column no. 10 as referred above which in our considered view petitioner has complied with thereby serving in Anamoy Superspeciality wing, Bamchandaipur, Po-Joteram PIN713104 under the control of Burdwan Medical College situates at rural and difficult area. 12. In our considered view mere mentioning by the Principal of the Burdwan Medical College in the no objection certificate that the petitioner has been working in the rural area cannot disentitle the petitioner from enjoying the benefit of incentive marks as suggested by the notification dated 26th February, 2020, since the principal has already considered column no. 10 along with other columns after verifying the service book of the petitioner then signed the application. Furthermore we find that the petitioner is in West Bengal Medical Education Service. The memorandum dated 15th May, 1990 relied upon by Mr. Bandopadhyaty speaks of grant of rural allowance to doctors who are in West Bengal Health Services. The said memorandum do not apply to doctors in West Bengal Medical Education Service. The learned advocate appering on behalf of the State respondents could not satisfy this Court that a doctor in Medical service and serving in a rural area is entitled to receive rural allowance. The notification dated 26.02.2020 also does not suggest receipt of rural allowance as a condition for getting incentive for serving in a rural area. Thus, non- receipt of rural allowance by the petitioner cannot be a ground for rejecting the petitioner's claim for incentive. The ground on which the petitioner's claim for incentive was turned down by the learned tribunal cannot be sustained in the eye of law.. 13. Paragraph 4 of memorandum dated 15th May, 2019 as relied on relied upon by Mr. Bandopadhya in our considered view is in respect of West Bengal Health Service but it is silent regarding the medical education service and in the present case petitioner has been serving in Medical Education Service. Therefore, this notification has no manner of application in the facts of case in hand. 14. In this upshot on the above discussions and after meticulously perusing the records in our considered view the petitioner is entitled to enjoy incentive marks as suggested by the notification dated 26th February, 2020 . 15. Accordingly, the impugned order dated 29th April, 2020 is hereby quashed and set aside . 14. In this upshot on the above discussions and after meticulously perusing the records in our considered view the petitioner is entitled to enjoy incentive marks as suggested by the notification dated 26th February, 2020 . 15. Accordingly, the impugned order dated 29th April, 2020 is hereby quashed and set aside . Resultantly, by allowing this writ petition we direct the respondent no. 3, the Director of Medical Education , Department of Health and Family Welfare, Govt. of West Bengal, Swasthya Bhavan, Kolkata-700 091 to award incentive marks of 30% i.e. 10% per year in favour of the petitioner for serving in rural and remote area without any further delay but positively before publishing the final list of second round of counselling for P.G. Medical State quota as stated above. I agree