STATE OF J&K Vs. MOHAMMAD OBIED HAQAQ

JUDGEMENT

(1.) This Letters Patent Appeal, filed by the State of J&K and its concerned functionaries, calls in question the judgment dtd. 24/5/2018 passed by the learned Writ Court in petitioner-respondent's writ petition, OWP no.688/2018, directing the respondents-appellants to accord to the petitioner - a Doctor working on contractual basis under National Rural Health Mission (NRHM) - the benefit of weightage of marks for serving in inaccessible/difficult area, categorised as such by the Director, Health Services, Kashmir, for a period of two years - in terms of SRO 48 of 2018 dtd. 30/1/2018 providing for entitlement to weightage for serving in the difficult areas as defined under notification SRO 201 of 2006 dtd. 15/6/2006 for admission to MD/MS/Post Graduate Diploma Courses for the academic session 2018-2019.

(2.) Heard learned counsel for the parties and considered the matter.

(3.) The respondent, a Medical Officer in the State Health Department, qualified the National Eligibility-cum-Entrance Test held by the National Board of Examination for admission to MD/MS/Post Graduate Diploma Courses, Academic Session 2018-19, securing 410 out of 1200 marks. It appears that after declaration of the aforesaid result by the National Board of Examination, the J&K Board of Professional Entrance Examination (BOPEE) advised the candidates to register themselves online for updation of records for preparation of the State Merit List. Subsequently, the BOPEE by notification no.015-BOPEE of 2018 dtd. 13/3/2018 issued the list of, inter alia, MD/MS/PG Diploma and MDS candidates who had been awarded difficult area marks in terms of SRO 48 of 2018 dtd. 30/1/2018 on the basis of certificates produced by them, forming annexure II to the aforesaid notification. The petitioner's name did not figure in the aforesaid list. Feeling aggrieved of his non- inclusion in the said list, he approached the Writ Court in writ petition, OWP no.688/2018, fundamentally, seeking the relief of a direction to the Director, Health Services, Kashmir, Srinagar, to issue a certificate in his favour certifying that he had served in difficult/inaccessible/Rural area, viz. Primary Health Centre, Sangarwani, Medical Block Rajpora, District Pulwama, for over two years from 28/6/2014 to 31/8/2018, with a further direction to BOPEE to grant/admit him to the benefit of weightage of incentive at the rate of 10% of the marks obtained in the National Eligibility-cum-Entrance Test for each such year of service in difficult area and, thereupon, to re-evaluate his merit position and so on.