Dr. Ashok Kumar & others. vs State of Uttarakhand & others.

Since these writ petitions raise common questions of law, we are disposing of the same by the following common judgment.

Petitioners, in WPSB No. 144 of 2017, have approached this Court seeking the following relief:

"a. Issue a writ, order or direction in the nature of mandamus commanding the respondents to strictly comply with Regulation 9 (2) (d) of the Post Graduate Medical Education Regulations, 2000 providing grant of weightage in the marks to be given as an incentive @ 10% of the marks obtained for each year in service in remote or difficult areas, while determining the merit and the entrance test for Post Graduate Admission and to accordingly direct the respondent to provide such weight-age to the petitioners in the ongoing counselling for admission in the Post Graduate Degree Course."

Petitioner, in WPSB No. 84 of 2017 & WPSB No. 83 of 2017, has approached this Court seeking the following reliefs:

"I. Issue a writ, order or direction in the nature of mandamus commanding the respondents to provide the admission weightage in the marks to the writ petitioner, as an incentive as provide under regulation 9 of the Medical Council of India Post Graduate Medical Education Regulations, 2000.

II. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1, to forthwith issue a notification for the grant of benefit of regulation 9 of the Medical Council of India Post Graduate Medical Education Regulations 2000, as directed by Hon''ble Apex Court vide judgment and order dated 16.08.2016 passed in Civil Appeal No. 8047 of 2016."

Brief facts, which are necessary to be noted, are as follows:

The petitioners are MBBS Doctors serving inaccessible areas of the State. The Medical Council of India Regulations provides that 10% of the marks obtained for each year of service in remote or difficult areas shall be provided weightage while determining the merits and entrance test for the Post Graduate admission. The petitioners are serving in remote/ inaccessible areas for last some years. The petitioners have qualified the National Eligibility-cum- Entrance Test Postgraduate, 2017 and the counseling for admission in different colleges in the State of Uttarakhand is presently going on. It is alleged that no weightage in accordance with the Medical Council of India Regulations is being provided to the petitioners. The petitioners have completed their MBBS course from the various Government Colleges of the State of Government. Thereafter, the petitioners have worked as a Medical Officer in the various Government Hospital of the State of Uttarakhand. On the basis of the rank obtained by candidate in the NEET examination, State wise counselling is being conducted by the State Government in the name of Uttarakhand Post Graduate Medical and Dental Entrance Examination. The said UKPGMEE was conducted in the year 2016 by the respondent no. 5. According to the petitioners, clause 7.4 of the eligibility criteria provides reservation of 10% State General Quota Seats of MD/MS courses in Government Medical Colleges for regular Provincial Medical Health Services Officers (hereinafter referred to as "PMHS"). All the petitioners herein appeared in NEET PG 2017 and qualified the same. The H.N.B. Garhwal University started the counselling process for providing admission to the academic session 2017-18 in PG course in different

medical colleges of the State NEET PG 2017 Centralized Counselling. It is alleged that the reservation policy, as was provided under the previous year, was being changed in the manner that no quota for in-service candidates was being provided. According to the petitioners, non-grant of marks as incentive in-service eligible candidates will be rather in violation of the Hon''ble Apex Court directions issued in its judgment dated 16.08.2016 passed in Civil Appeal No. 8047 of 2016, whereby in para 37 the Hon''ble Apex Court has directed that admission process for academic year 2016- 17 onwards to the post of postgraduate degree course in the State should proceed as per regulation 9 including by giving incentive marks to the eligible in service candidates in terms of proviso to clause IV of regulation 9 (equivalent to regulation 9(2) of the old regulations). The Hon''ble Apex Court has held that the same is to be done irrespective of the alleged prejudice claimed, if any, by the direct candidate. Hence, these writ petitions.

It is the contention of learned counsel for the petitioners that, in past, 30% seats were reserved for in- service doctors in the State of Uttar Pradesh and 10% seats were reserved for in-service doctors in the State of Uttarakhand.

In WPMS No. 84 of 2017, short response affidavit has been filed on behalf of the Medical Council of India, in which the Medical Council of India has stated that all the admission in any Medical College in various postgraduate courses are to be mandatorily be made in terms of MCI''s regulations and the law laid down by the Hon''ble Supreme Court in this regard. It is further

stated that the MCI has framed Postgraduate Medical Education Regulations, 2000, to regulate the admissions to the various postgraduate courses. No admission in various postgraduate courses can be made without fulfilling the minimum eligibility criteria in terms of the Postgraduate Medical Education Regulations, 2000. It is also stated that the Hon''ble Supreme Court, through its various pronouncements, has held that the regulations framed by the MCI are statutory in character and, therefore, binding and mandatory on all concerned universities and colleges conducting Medicine courses.

Learned counsel for the petitioners submitted that, in past, 10% marks for one year service and maximum for 3 years were being added to the marks obtaining by the candidates in NEET exams, to the doctors serving in the State in remote areas; but, this not being done this year. They further submitted that 13.04.2017 is the date fixed for counselling and result will be declared on 15.04.2017 and, in case, these writ petitions are not decided today, it will become infructuous.

Considering the submission of learned counsel for the parties and also considering the statement given by the Medical Council of India in short response affidavit filed in WPSB No. 84 of 2017, the writ petitions are being disposed of in the following manner:

The Secretary, Medical Education, Government of Uttarakhand shall take decision today itself with regard to providing of marks to be given as incentive @ 10% of marks in each year of service in the remote area. Before passing order, the Secretary will certainly consider the relevant regulations of the Medical Council of India and also the judgment given by the various Courts in this regard.

Let a copy of this order be placed in all the connected writ petitions.

Let a certified copy of this judgment be issued today itself.