RAJNI SHENDE Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner a MBBS qualified Doctor working as Medical Officer in Department of Health Services, Government of Madhya Pradesh and currently posted at Tahsil Katangi, district Balaghat has filed this petition under Article 226 of the Constitution of India seeking a direction to treat her as an 'in service candidate' as per Admission Rules, 2018 and accordingly extend her the benefit of 30% reservation/source of entry with additional incentive marks to the tune of 30% as per provisions of Regulation 9 (IV) of the M.C.I. Regulations 2000 in the on going counselling process for admission to Post Graduate (P.G.) Course.

(2.) Briefly stated, relevant facts are that the petitioner was appointed as Medical Officer in April 2011 (Annexure P/1). After rendering services in District Hospital, Betul for some time, she was transferred and posted to Community Health Centre, (C.H.C.), Katangi, District Balaghat in January 2017. The certificate issued by Chief Medical and Health Officer, (C.M.H.O.) is Annexure P/2.

(3.) Indisputably, petitioner belongs to S.C. category and is a Government Employee. The petitioner pleaded that the Commissioner, Department of Medical Education through communication dtd. 12/11/2021, (Annexure P/4) directed all P.S.Us., District Hospitals, C.M.H.Os. etc. to send a list of all the 'in-service Doctors' rendering services in their respective Districts. It was the responsibility of said officers to furnish such information of Doctors to the D.H.S. and D.M.E. so that the candidates who appeared in the NEET, P.G. Examination can be given the benefit of 30% reservation.