Dr. Bhoopendra Sharma vs State Of Madhya pradesh And Others

S.No.,"Place Â

  of

Posting","Place Â

  of

Actual Work","Period of

Posting","Whether

Tribal/

General","Distance of

Institution from

nearest Nagar

Nigam/Nagar

Palika (Mention

whether

Nagar Nigam or

Nagar

Palika & In

kilometers)","Any period of

Diesnon/Trg.

or unsettled

Leave

case/Any

DE/Lokayukt/

EOW/mentio

n period

1.,"PHC

Damsipura

(Distt.

Betul)","PHC

Damsipura","23.04.08-

08.11.10",Tribal,"105 km. Nagar

Palika Harda

108 km. Nagar

Palika Betul

111 km. Nagar

Nigam Khandwa

136 km. Nagar

Palika Amla",NIL

2.,"PHC

Bagchini

(Distt.

Morena)","PHC

Bagchini","25.04.11-

01.05.15",General,"20 km. Nagar

Palika Joura

22 km. Nagar

Nigam Morena

54 km. Nagar

Palika Ambah

59 km. Nagar

Nigam Gwalior.","Chemotherapy

Training

13.10.14 to

11.11.14

3.,"DH Morena

(Distt.

Morena)",DH Morena,"02.05.15-

Continue",General,"0 km. Nagar Nigam

Morena

27 km. Nagar

Palika

Joura

36 km. Nagar

Palika Ambah

42 km. Nagar

Nigam Gwalior.",NIL

This is to certify that above posting/place of work has been verified from Service book/Personally and is correct. This is also Certified that there is no,,,,,,

pending/pending unsettled leave for period of .................................. (Mention dates). This is also certified that Dr. BHOOPENDRA SHARMA is,,,,,,

working as Regular/Contractual 300/R.C.H./NRHM,,,,,,

Regular     Sd/-,,,,,,

Place Morena          Chief Medical & Health,,,,,,

Officer, District Morena",,,,,,

Date 25.01.2018 Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â,,,,,,

    (Dr. Pradeep Mishra),,,,,,

(2) Grievance raised by the petitioner is in respect of non-grant of weightage for the period from 25/04/2011 to 01/05/2015 when he worked as,,,,,,

Medical Officer, at Primary Health Centre Bagchini. It is urged that uptil 05/08/2014 when Morena was notified as Municipal Corporation, the",,,,,,

services rendered from 25/04/2011 to 04/08/2014 ought to have been taken into consideration as the PHC Baghchini was situated beyond 10 Kms. of,,,,,,

the Municipal Area. Accordingly, it is contended that the respondent be directed to grant weightage to the petitioner for the period from 25/04/2011 to",,,,,,

04/08/2014 and prepare the merit list thereon. Petitioner also seeks direction to consider him for 50% reservation in Diploma for in-service candidates.,,,,,,

However, no submission to that has been made. (7) The respondents, on their turn, while not disputing that in-service candidates are entitled for",,,,,,

weightage upto 30% towards their working in the areas as determined by the Medical Council of India and the State Government. It is, however,",,,,,,

submitted that since on the date of consideration the petitioner was working within 25 Kms. of the Municipal Corporation, Morena, he is not entitled",,,,,,

for the benefit of the weightage for the part of service rendered by the petitioner in the area which was beyond 10 Kms when Morena was not a,,,,,,

Municipal Corporation. It is accordingly urged that the petition deserves to be dismissed.,,,,,,

(8) The question which crops up for consideration whether the period of services rendered in area which was beyond the 10 Kms. limit of the,,,,,,

Municipal Council can be denied when the said Municipal Council is notified as Municipal Corporation and the date on which the petitioner is,,,,,,

considered the place is within 25 Kms. as would entitle him for the weightage.,,,,,,

(9) The issue as regard to weightage for working in rural areas came up for consideration in “Dr. Dinesh Kumar And Others (II) Vs. Motilal,,,,,,

Nehru Medical College, Allahabad and others, (1986) 3 SCC 727â€​ in which their Lordships observed:",,,,,,

“12(4) The Government of India has suggested in the Scheme of examination for admission to post- graduate courses that a weightage equivalent,,,,,,

to 15% of the total marks obtained by a student at the All India Entrance Examination should be given if he has put in a minimum of three years of,,,,,,

rural service. It is, of course, eminently desirable that some incentive should be given to our doctors to go to the rural areas because there is",,,,,,

concentration of doctors in the urban areas and the rural areas appear to be neglected. But we do not think that such incentive should go to the length,,,,,,

of giving a weightage of 15% of the total marks obtained by a candidate. There are several reasons why our doctors are persuaded to go to the rural,,,,,,

areas in order to serve the rural masses who are badly in need of medical assistance. Some of the reasons are attraction of urban life, the prospect of",,,,,,

building up a lucrative practice which may be possible only in urban cities, lack of proper facilities and inadequate supply of necessary medicines and",,,,,,

above all absence of social commitment and lack of desire to serve the poor and the disadvantaged. These are some of the difficulties which have to,,,,,,

be overcome if we want doctors to move to the rural areas. We do not think that by merely offering a weightage of 15% to a doctor for three years,,,,,,

rural service we shall be able to bring about a migration of doctors from the urban to the rural areas. We are of the view that when selection of,,,,,,

candidates is being made for admission on an All-lndia basis, no factor other than merit should be allowed to tilt the balance in favour of a candidate.",,,,,,

We must remember that what we are regulating are admissions to post-graduate courses and if we want to produce doctors who are M.D. Or M.S.,",,,,,,

particularly Surgeons who are going to operate upon human beings, it is of the utmost importance that the selection should be based on merit.",,,,,,

Moreover, we are extremely doubtful if a candidate who has rendered three years rural service for the purpose of getting a weightage of 15% would",,,,,,

go back to the rural area after he has got M.D. Or M.S. Degree. We are, therefore, of the view that no weightage should be given to a candidate for",,,,,,

rural service rendered by him so far as admissions to post- graduate courses are concerned. Even if an undertaking is taken from such a candidate,,,,,,

that after obtaining M.D. Or M.S. Degree he will settle-down in a rural area and serve the rural masses, it would in all probability serve no useful",,,,,,

purpose because in the absence of the requisite facilities such as hospital, medical and surgical equipment, nursing etc. It would not be possible for him",,,,,,

to give the advantage of his higher medical education to the rural masses and the higher medical education received by him would not be of service to,,,,,,

the community.â€​,,,,,,

(10) In “Dr. Snehelata Patnaik and others Vs. State of Orissa and others, (1992) 2 SCC 26â€​, it is held:",,,,,,

“..........We would, however, like to make a suggestion to the authorities for their consideration that some preference might be given to in-service",,,,,,

candidates who have done five years of rural service. In the first place, it is possible that the facilities for keeping up with the latest medical literature",,,,,,

might not be available to such in-service candidates and the nature of their work makes it difficult for them to acquire knowledge about very recent,,,,,,

medical research which the candidates who have come after freshly passing their graduation examination might have. Moreover, it might act as an",,,,,,

incentive to doctors who had done their graduation to do rural service for some time. Keeping in mind the fact that the rural areas had suffered,,,,,,

grievously for nonavailability of qualified doctors giving such incentive would be quite in order. Learned counsel for the respondents has, however,",,,,,,

drawn out attention to the decision of a Division Bench of two learned judges of this Court in Dr. Dinesh Kumar & Ors. v. Motilal Nehru Medical,,,,,,

College, Allahabad & Ors., [1986] 3 SCC page 727 at 740. It has been observed there that merely by offering a weightage of 15 per cent to a doctor",,,,,,

for three years rural service would not bring about a migration of doctors from the urban to rural areas. They observed that if you want to produce,,,,,,

doctors who are MD or MS, particularly surgeons, who are going to operate upon human beings, it is of utmost importance that the selection should be",,,,,,

based on merit. Learned Judges have gone on to observe that no weightage should be given to a candidate for rural service rendered by him so far as,,,,,,

admissions to post-graduate courses are concerned (see para 12 at page 741).,,,,,,

In our opinion, this observation certainly does not constitute the ratio of the decision. The decision is in no way dependent upon these observations.",,,,,,

Moreover, those observations are in connection with All India Selection and do not have equal force when applied to selection from a single State.",,,,,,

These observations, however, suggest that the weightage to be given must be the bare minimum required to meet the situation. In these",,,,,,

circumstances, we are of the view that the authorities might well consider giving weightage upto a maximum of 5 per cent of marks in favour of in-",,,,,,

service candidates who have done rural service for five years or more. The actual percentage would certainly have to be left to the authorities. We,,,,,,

also clarify that these suggestions do not in any way confer any legal right on in-service students who have done rural service nor do the suggestions,,,,,,

have any application to the selection of the students upto the end of this year.â€​,,,,,,

(11) In State of M.P. and others Vs. Gopal D. Tirthani and others, (2003) 7 SCC 83, it is held:",,,,,,

“33. ....In-service doctors being told in advance and knowing that by rendering service in rural/tribal areas they can capture better prospects of,,,,,,

earning higher professional qualifications, and consequently eligibility for promotion, acts as a motivating factor and provides incentive to young in-",,,,,,

service doctors to opt for service in rural/tribal area. In the set-up of health service in the State of Madhya Pradesh and the geographical distribution,,,,,,

of population, no fault can be found with the principle of assigning weightage to the service rendered in rural/tribal areas while finalizing the merit list",,,,,,

of successful inservice candidates for admission to PG courses of studies. ........â€​,,,,,,

(12) Thus, the grant of weightage is a privilege extended to in-service candidates. And the same can be extended only from a date when incumbent is",,,,,,

held eligible for appointment or placement.,,,,,,

(13) In the case hand, the petitioner became eligible only after 07.01.2018 for placement in P.G. course in furtherance to his securing marks 379/1200",,,,,,

in NEET PG Degree and Diploma Examination 2018 and on said date Morena being Municipal Corporation, the petitioner is rightly held not entitled for",,,,,,

the benefit of weightage in lieu of his posting at Primary Health Centre, Bagchini.",,,,,,

(14) Consequently, petition fails and is dismissed. No cost.",,,,,,