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2020 DIGILAW 987 (ALL)

Rajesh Kumar v. Union of India

2020-06-19

SHASHI KANT GUPTA, YOGENDRA KUMAR SRIVASTAVA

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JUDGMENT : 1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for the petitioners, Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Suresh Singh, learned Additional Chief Standing Counsel for the State respondents and Sri Mahendra Pratap Yadav, learned counsel for the respondent No. 4. 2. This writ petition has been filed, inter alia, for the following relief: "(a) a writ, order or direction in the nature of certiorari quashing the list of two years of service of Medical Officers dated 16.3.2020 issued by the respondents so far as it relates to the petitioner No. 1 only." 3. As per the case set up in the writ petition, all the petitioners have completed their MBBS course and have been appointed on the post of Medical Officers by the State respondents. The petitioner No. 1 is said to have submitted his joining before the Chief Medical Officer, Ballia on 29.12.2016 and thereafter an order dated II 9.1.2017 was issued pursuant to which he joined as Medical Officer at New Primary Health Centre (in short 'PHC') Sonadi, Ballia. In a similar manner the petitioner Nos. 2, 3 and 4 submitted their joining before Chief Medical Officer, Kushinagar and the petitioner No. 5 submitted his joining before the Chief Medical Officer, Budaun. Subsequently the petitioner Nos. 2 to 5 were issued posting orders pursuant to which they submitted their joining before different PHCs. The petitioner Nos. 4 and 5 are said to have submitted their joining on 30.12.2017, the petitioner No. 3 is stated to have joined on 12.1.2018 and the petitioner No. 2 is stated to have joined pursuant to a posting order dated 4.1.2018. 4. It is submitted that all the petitioners have applied for admission to NEETRG. Course-2020 notified in terms of notification dated 16.4.2020 and have appeared for the written examination and are now required to appear for counseling for the purposes of admission. It has further been submitted that for the purposes of admission to P.G. Courses, in case a Medical Officer has functioned for one year, he would be entitled to 10% extra marks as weightage against the marks that he has secured in the written examination. It has further been submitted that for the purposes of admission to P.G. Courses, in case a Medical Officer has functioned for one year, he would be entitled to 10% extra marks as weightage against the marks that he has secured in the written examination. Similarly, in the case of two years of working, he would be entitled to 20% extra marks as weightage and for three years of working, he would be entitled to 30% extra marks as weightage. 5. Placing reliance upon the Government Orders dated 14.1.2019 and 7.2.2020, it is sought to be contended that the computation of one year of service would be from 1st January till 31st December of the year, i.e. even if a candidate joins the place of posting in the month of December of the year, it would relate back to the month of January of the year of joining and the candidate would be entitled for one year experience. The petitioners have raised a grievance that in the list which has been uploaded by the respondent authorities the period of service rendered by the petitioner has wrongly been computed and accordingly they have been denied the benefit of the weightage of extra marks which they are entitled to. 6. The learned Additional Advocate General appearing for the State respondents has placed reliance upon the Medical Council of India Post Graduate Medical Education Regulations, 2000 and also the Government Order dated 7.2.2020 to submit that the computation of the weightage of the period of working in case of Medical Officers is to be granted as per the terms of the aforesaid Regulations 2000 read with the Government Order dated 7.2.2020. 7. Sri Mahendra Pratap Yadav, learned counsel appearing for the respondent No. 4 has also referred to the aforesaid Regulations 2000 and the Government Order dated 7.2.2020 and submitted that the benefits which is to be granted are to be in terms of the Regulations and the said Government Order. 8. 7. Sri Mahendra Pratap Yadav, learned counsel appearing for the respondent No. 4 has also referred to the aforesaid Regulations 2000 and the Government Order dated 7.2.2020 and submitted that the benefits which is to be granted are to be in terms of the Regulations and the said Government Order. 8. The proviso to sub-clause 9 of the Regulations 2000, as inserted in terms of the Post Graduate Medical Education (Amendment) Regulations, 2012, Part I, in terms of which weightage is to be granted for determining the merit of the candidates who are in service of Government/public authorities, is being extracted below: "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." 9. The Government Order dated 7.2.2020, reliance upon which has been placed by counsel appearing for the respondents, laying down the guidelines for the purposes of grant of weightage of marks to candidates in Government service as per terms of Regulations 2000, may also be referred to. For ease of reference, Clause 2(8) of the Government Order which provides the manner of computation of the weightage is being reproduced below: ^^¼8½ vfrfjDr Hkkj@vadks dh izkfIr gsrq 01 tuojh ls 31 fnlEcj rd dh vof/k dh ,d iw.kZ o"kZ ds :i esa x.kuk dh tk;sxh u fd izR;sd fpfdRld dh ;ksxnku dh frfFk lsA^^ 10. It has been pointed out by counsel appearing for the respondents that the counseling for the purposes of admission to P.G Course 2020 is proposed to take place between 22nd June, 2020 and 17th July, 2020. 11. Sri M.C. Chaturvedi, learned Additional Advocate General has fairly submitted that the matter with regard to grant of weightage to the petitioners for the purposes of the NEET P.G. counseling which is to take place shortly, would be reconsidered within a period of ten days by the respondent No. 3 in the light of the Government Order dated 7.2.2020 read with Regulations 2000. 12. 12. Having regard to the facts and circumstances of the case, and the submission of the learned counsel for the parties, the writ petition is disposed of with a direction to the respondent No. 3 to reconsider the matter with regard to grant of weightage to the petitioners for the purposes of determining their merit for admission to the P.G. Course 2020, in the light of the Government Order dated 7.2.2020, expeditiously and preferably within a period of ten days from today. 13. Let a copy of this order be handed over to Sri M.C. Chaturvedi, learned Additional Advocate General, State of U.P., free of costs forthwith for necessary compliance.