HEMWATI NANDAN BAHUGUNA Vs. MOHIT GOYAL

JUDGEMENT

(1.) This intra-Court appeal has been filed by Hemwati Nandan Bahuguna Uttarakhand Medical Education University, challenging judgment dtd. 23/10/2024 passed by learned Single Judge in Writ Petition (M/S) No. 2732/2024. Relevant extract of the said judgment is reproduced below :

(2.) Appellant has challenged the impugned judgment, on the ground that Postgraduate Medical Education Regulations, 2000, framed by Medical Council of India (MCI), as amended in the year 2012, were not considered by the learned Single Judge. It is contended that the Regulations provide that weightage in the marks, for rendering services in remote/ inaccessible areas, would be available only to such Doctors, who are in service of Government/ Public Authority, while writ petitioners (private respondents herein) are no longer in service, after expiry of the term of their contract.

(3.) Another ground of challenge to the impugned judgment is that writ petitioners got subsidized education in MBBS course, as they had executed undertaking/ bond that they will serve in remote/ difficult areas of Uttarakhand for minimum three years, and whatever services were rendered by them, upon successful completion of MBBS course, was in terms of condition of the bond, which does not make them eligible for benefit of Postgraduate Medical Education Regulations, 2000. Even otherwise also, they were not having status of member of Provincial Medical and Health Services (PMHS) in Uttarakhand, and they were engaged on contract for a period of three years, and their engagement came to an end before commencement of counselling for admission to PG Medical Courses. It is not in dispute that appellant-University, conducts the counselling.