JANIFA KAIFEE AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.K. Talukdar, learned counsel, for the petitioner. Also heard Mr. D.P. Bora, learned standing counsel, Health Department, for the respondent Nos. 1, 3 and 4 and Mr. K. Gogoi, learned CGC, for the respondent No. 2/National Board of Examinations in Medical Sciences.

(2.) The petitioner is an MBBS Doctor who obtained her degree from the Assam Medical College, Dibrugarh in the year 2017. Thereafter, the petitioner underwent one year compulsory rural posting at Messelkhowa MPHC, Agiya BPHC of Goalpara district under the National Health Mission w.e.f. 19/4/2018 to 8/4/2019. A certificate to that effect was issued by the Joint Director of Health Sciences, DHS, Goalpara on 9/4/2019. Thereafter, by a Notification dtd. 23/10/2019 issued by the Joint Secretary/Deputy to the Government of Assam, Health and Family Welfare (A) Department, the petitioner was appointed as Medical and Health Officer-I and was posted at Garajan SD, Nagaon. The petitioner, accordingly, joined to the said post on 31/10/2019. The petitioner was also issued a certificate by the Joint Director of Health Services, Nagaon in terms of the Rule 2(xxii) of the Medical College of Assam (Regulation of Admission into Post Graduate Degree and Diploma Courses) Rules, 2021 in Appendix-III certifying that the petitioner has been working in regular service in Garajan SD under Singimari BPHC, Nagaon situated at Garajan village Singimari, Sub-Division in the Nagaon district, Assam w.e.f. 31/10/2019 till date for a period of 5 years 0 month continuously and satisfactorily, which is a rural area.

(3.) The National Board of Examinations in Medical Sciences, New Delhi issued a Notice dtd. 9/11/2023 announcing the tentative schedule of NBEMS Examinations scheduled in the first half of the year 2024. In the said Notice, the examination for the NEET -PG 2024 is scheduled w.e.f. 3/3/2024. By another Notice dtd. 9/1/2024, the schedule date for conducting the NEET-PG 2024 examination was re-fixed on 7th of July 2024. By another Notice dtd. 5/7/2024, the examination of NEET-PG 2024 was re-scheduled to be conducted on 11/8/2024 in two shifts. The petitioner was also issued an Admit Card for appearing in the examination of NEET-PG 2024. By a Communication dtd. 27/9/2024 issued by the Secretary to the Government of Assam, Health and Family Welfare Department, 15 (fifteen) Doctors under the Health and Family Welfare Department were granted No Objection Certificate for appearing in the Post Graduate Entrance Examination for the Session-2024 and the name of the petitioner appeared at Serial No. 11. The petitioner came out successfully in said NEET-PG 2024 Examination.