DR. SHYAM KISHORE PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for quashing the part of notification dated 23.03.2018 issued by the respondent no. 5 -Jharkhand Combined Entrance Competitive Examination Board, whereby the remote/difficult areas have been categorized in terms of proviso to Regulation 9(IV) of the Medical Council of India Post Graduate Medical Education Regulations, 2000 (hereinafter referred to as "Regulations, 2000") for grant of incentive marks to in-service doctors for the purposes of taking admission based upon the merit list of National Eligibility-cum-Entrance Test, 2018 as the same is in the teeth of the judgment of the Honourable Apex Court rendered in the case of "Dr. Amit BagraOrs. Vs. State of RajasthanOrs." (SLP No. 11692 of 2017) decided on 15.12.2017. It has further been prayed for issuance of direction upon the respondent authorities to forthwith constitute a committee for the purpose of identification and categorization of remote/difficult areas which would be beneficial in awarding incentive marks to the in-service doctors and also can be applied to other beneficial and welfare schemes. Further prayer has been made for issuance of direction upon the respondents to convert the all India quota seats which are remaining vacant after the last date of joining i.e., 10th May, into State quota and also the remaining State quota seats after second counselling of State and to admit the students as per the combined merit list in terms of the Appendix provided under the Regulations, 2000. It has also been prayed for issuance of direction upon the respondents to adhere to the provisions of the Regulations, 2000 specifically Clause 9(IV), wherein it has categorically been provided that the reservation of seats in medical colleges for respective categories shall be as per applicable laws prevailing in State/Union Territories based upon the all India merit list as well as the State merit list and the candidates shall be admitted to post graduate courses from the said merit lists only.

(2.) The factual background of the case as stated in the writ petition is that the petitioners having been completed their MBBS Degree programme appeared in the National Eligibility-cum-Entrance Test, 2018 (NEET, 2018) and are seeking admission to the courses in PG (Medical). Proviso to sub-clause (IV) of Clause 9 of the Regulations, 2000 envisages awarding of 10% marks for each year of service rendered in remote/difficult areas upto the maximum 30% of the marks secured in NEET examination. For the purpose of identification and categorization of the remote/difficult areas to be notified by the State Governments, the Honourable Apex Court has formulated certain guidelines in a recent judgment rendered on 15.12017 in the case of "Dr. Amit Bagra"(supra). The Ministry of Health and Family Welfare, Government of India requested the National Health System Resources Centre (NHSRC) to conduct an independent survey for categorization of difficult, most difficult or inaccessible areas and evolve a set of criteria. The NHSRC conducted survey across the country and based upon the said survey and after detailing the principles for categorization and other aspects, the inaccessible, difficult and most difficult areas of different states were identified including the State of Jharkhand. The NHSRC has also conducted a survey in the State of Jharkhand according of which, out of 515 rural health identified areas, the State Government had identified only 3 areas to be most difficult and 5 areas to be difficult whereas the NHSRC identified 24 areas which can be termed as most difficult and 64 areas which can be termed as difficult. The State Government has, however, issued notification dated 23.03.2018 under the signature of the respondent no. 5, whereby the remote areas have been categorized in terms of proviso to Clause 9(IV) of the Regulations, 2000 for grant of incentive marks to in-service doctors for the purpose of taking admission in P.G. courses based upon the merit list of NEET, 2018. According to the petitioners, the State Government has taken mechanical decision declaring all the areas which fall outside the jurisdiction of a Nagar Nigam/Nagar Parishad/Nagar Panchayat as defined under the Jharkhand Municipal Act, 2011 to be remote/difficult areas.

(3.) The learned Senior Counsel for the petitioners submits that the decision of the State