LAWS(KER)-2022-5-95

VIKAS R. S. Vs. STATE OF KERALA

Decided On May 26, 2022
Vikas R. S. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The captioned writ appeals are filed by petitioners in W. P. (C) Nos. 2838 of 2022 and 2161 of 2022 challenging the judgments of the learned Single Judge dtd. 3/2/2022 and 31/1/2022 respectively, whereby the writ petitions were dismissed declaring that the proviso under Regulation 9(IV) of the Medical Council of India Post Graduate Medical Education Regulations, 2000 does not confer a right on Medical Officers under the service of Government / public authorities to get weightage in the marks as incentive for service in remote and/or difficult rural areas for the purpose of admission to post graduate medical courses; and further held that Ext. P7 Government Order dtd. 15/1/2022 of the Health and Family Welfare Department, Government of Kerala and the prospectus attached to the Government Order supersede Ext. P4 Government Order dtd. 12/4/2018 of the same department.

(2.) The facts required for the disposal of the writ appeals discernible from W. A. No. 233 of 2022 are relied upon:-

(3.) The 1st appellant is working as Assistant Surgeon in the Primary Health Centre, Moothedam, Malappuram District, a difficult rural area. The appellant entered service on 27/4/2017. The 2nd appellant is working as Assistant Surgeon in the Community Health Centre, Thycattusery, Cherthala, which is a rural area; who entered service on 10/1/2017. It is submitted by the appellants that the 1st appellant has difficult rural area service and the second appellant has rural area service to their credit.