DR HITESH JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioners, who all are MBBS Doctors working as 'Medical Officer' in different government hospitals/health centers situated in the State of Chhattisgarh, have filed this writ petition feeling aggrieved by action on the part of respondents in not granting benefit of weightage of marks to them as 'incentive' for the services rendered by them in rural areas.

(2.) Grievance of the petitioners is that they are posted and working as 'in-service doctor' in different parts of the rural & scheduled areas of the State of Chhattisgarh. The Medical Council of India (hereinafter referred to as 'MCI') in exercise of its power under Section 33 of the Medical Council of India Act, 1956 (henceforth 'the Act of 1956') has issued the regulation known as 'Post Graduate Medical Education Regulations, 2000' (henceforth 'the Regulations of 2000'), which provides for award of bonus marks to in-service doctors who have served in remote and/or difficult areas or rural areas, at the rate of 10% for each year of service, upto maximum of 30%, of the marks obtained in the National Eligibility - cum- Entrance Examination, 2020 (hereinafter referred to as "NEET Exam"). However, the said benefit of bonus of marks as incentive on the basis of their completed years of service in rural area has not been extended to them for the purpose of determining their merit in NEET Exam for admission into Post Graduate Medical Courses, which made them to approach this Court by filing this petition praying for following reliefs:-

(3.) The petitioners have pleaded in their petition that they are working as in-service doctors in different government hospitals situated in the rural areas of the State of Chhattisgarh. They appeared in the National Eligibility cum Entrance Exam, 2020 (NEET) conducted for admission to post-graduate medical courses and obtained more than cut-off marks prescribed. By amending the Regulations of 2000, an amendment has been made in sub-rule (4) of Regulation 9 on 5.4.2018 and the words "rural area' has been added along with 'remote and/or difficult areas' for providing incentive upto 10% of the marks obtained for each year of service in rural area, maximum upto 30%, of the marks obtained in the NEET Exam. The State Government has framed the Chhattisgarh Post Graduate Entrance Rules, 2018 (henceforth 'the Rules of 2018'), but the areas under the Chhattisgarh Rural Medical Corps Scheme (for short 'CRMS') identified by the State Government as 'difficult' & 'most difficult' have been identified and there is no mention about the 'rural areas'. Under Appendix-3 of the Rules of 2018 the Districts have been shown identifying them and their areas to be 'most difficult scheduled area' or 'general scheduled area', which was based on the Circular / Notification issued by the General Administration Department. Appendix -3 was challenged by some in-service doctors before the High Court by filing a writ petition, which came to be allowed and the State was directed to undertake de novo exercise for identification and categorization of the 'remote and/or difficult areas' in the State for the purpose of grant of bonus/incentive marks for admission in post graduate courses in medical colleges of the State. Instead of complying with the order passed by the High Court, the State Government has issued Notification dated 7.3.2020 applicable for admission in Post Graduate Medical Courses on the basis of earlier rules which were declared arbitrary and unconstitutional by the High Court. The Circular/ Notification issued after passing of the order by the High Court in an earlier writ petition, making part of Appendix-3 of the Rules, 2018, mentions only 'difficult scheduled areas' & 'general scheduled areas' and there is no mention about 'rural areas'. The Notification dated 7.3.2020 issued for identification of areas is without application of mind. No bonus marks are awarded to the petitioners considering their entire service period in rural areas.