Sandeep Kumar vs The State Of Rajasthan ... on 25 November, 2025

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Rajasthan High Court - Jodhpur

Sandeep Kumar vs The State Of Rajasthan ... on 25 November, 2025

1. By way of filing the present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the format appended with the order dated 19.09.2025 (Annex.3) passed by the respondent No.3-The Director (Public Health), Medical And Health Services, Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur containing Condition No.7, which explicitly states that the service rendered in rural area while being substantively posted in an urban area, shall not be counted as an eligible service. Following are the prayers made in the writ petition, which reads as under:

(Uploaded on 26/11/2025 at 07:10:51 PM) (Downloaded on 26/11/2025 at 07:43:54 PM) [2025:RJ-JD:50965] (2 of 12) [CW-20596/2025] "xxxxxxxx I. By an appropriate writ, order or direction the respondents may kindly be directed to order dated 19.09.2025 (Annex.3) condition no.7 "शहरी क्षेत्र में पदस्थापित रहते हुए ग्रामीण क्षेत्र में कार्य संपादन /प्रतिनियुक्ति अवधि को गणना योग्य अवधि में सम्मिलित नहीं किया जाए" may kindly be quashed and set aside.

II. By an appropriate writ, order or direction, the respondents may kindly be directed to grant the petitioner give the incentive marks for his service rendered at the Rural Area, Primary Health Center, Binasar, District Churu. xxxxxxxx"

2. Applications (Nos.01/2025 and 02/2025) have been filed by counsel for the petitioner under Article 226 of the Constitution read with Order XLI Rule 27 of Code of Civil Procedure, 1908, for taking on record additional documents and the respondent has not opposed the applications.

3. For the reasons indicated in the said applications, the same are allowed.

4. Factual prism obtaining in the present case are that the petitioner, a qualified M.D. Doctor, was appointed at Government D.B. Hospital, Churu, which functions under the administrative control of the Medical College, Churu. Subsequently, vide order dated 07.05.2022 (Annexure-1), he was posted at the Primary Health Centre ('PHC'), Binasar, District Churu, situated in a rural area, where he duly joined his duties. The State Government, vide Notification dated 14.04.2020 (Annexure-2), declared certain medical institutions as "Remote, Difficult and Rural Areas" for the purpose of granting additional benefits to in-service doctors in the Post-Graduate (P.G.) Entrance Examination. The PHC, Binasar, where the petitioner is presently serving, finds specific mention at Serial No.264 of the said notification. Thereafter, vide the format appended with the order dated 19.09.2025 (Annexure-3), the (Uploaded on 26/11/2025 at 07:10:51 PM) (Downloaded on 26/11/2025 at 07:43:54 PM) [2025:RJ-JD:50965] (3 of 12) [CW-20596/2025] respondents issued instructions inviting eligible in-service doctors to fill application forms for claiming additional benefits in the NEET-PG Examination. However, condition No.7 of the said order stipulates that service rendered in a rural area while being substantively posted in an urban area shall not be counted as eligible service. It is the case of the petitioner that though his original posting was at D.B. Hospital, Churu, vide order dated 07.05.2022, he was deputed to PHC, Binasar, in a rural area, and had been continuously serving there. The said condition No.7 introduced by the respondents in the format appended with the order dated 19.09.2025 is alleged by the petitioner to be arbitrary and contrary to the earlier order dated 15.05.2024 (Annexure-4), which did not contain any such restriction. Subsequently, the respondents issued an eligible list for Pre-PG, 2024, under the in- service quota; wherein, the petitioner's name was reflected at Serial No.1955 (Annexure-5) and therefore, the petitioner claims entitlement to incentive marks for his service in a "Remote, Difficult and Rural Area". As per the Government guidelines, the maximum permissible incentive marks are 30, calculated as 10 marks for one year, 20 marks for two years, and 30 marks for three years of continuous service in such designated areas. Further, respondents issued schedule NEET-PG Schedue for the candidates (Annex.6) as well as the Provisional State Merit List Round 1 PG Medical Candidates List (Annex.7) wherein, name of the petitioner's name is at Serial No.1742. Aggrieved by the denial of incentive benefits on account of the impugned condition, the present writ petition has been filed by the petitioner.

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5. Counsel representing the petitioner submits that the impugned condition No.7 in the application format appended with order dated 19.09.2025 is arbitrary and discriminatory in nature as it unfairly excludes the petitioner from seeking the additional benefit of incentive marks solely on the ground that the petitioner, though, was posted in rural area and is serving in rural area on work arrangement basis. He further submits that the incentive marks for discharging service at rural area, are being extended while taking into consideration the regulations issued by the Medical Council of India ('MCI') vide communication dated 05.04.2018, also called as "Postgraduate Medical Education Regulations, 2018"; wherein, under Regulation 9, the procedure for selection of candidate for postgraduate courses, has been laid down and Sub-Regulation (4) provides for grant of incentive marks upon serving in "Remote, Difficult and Rural Areas". He submits that condition laid down in the order Annex.3, is not in consonance with the aforesaid regulations. He also submits that the National Medical Commission vide Notification dated 29.12.2023, has promulgated Postgraduate Medical Regulations, 2023 (for brevity called as "the regulations of 2023") and in Chapter IV i.e. Admission, Counselling, Etc., under the heading 4.1: "Eligibility Criteria", it has been laid down that: ".......until the first batch based on National Exit Test (NExT) becomes eligible for admission in braod-speciality courses, the existing system of admission through National Eligibility-cum-Entrance Test-Post- graduate (NEET-PG) as per Post-Graduate Medical Education Regulation, 2000 (PGMER-2000), shall continue. .......". Counsel for the petitioner submits that as there is no amendment made by (Uploaded on 26/11/2025 at 07:10:51 PM) (Downloaded on 26/11/2025 at 07:43:54 PM) [2025:RJ-JD:50965] (5 of 12) [CW-20596/2025] the MCI in respect to the procedure laid down for admission in PG Medical Course and that the earlier regulation of 2000 is still in currency, the respondents are under obligation to accord petitioner similar benefit of incentive marks as extended to the other candidates, who have been posted in rural area, though, not on work arrangement basis. Counsel for the petitioner, thus, urges that the format appended with the order dated 19.09.2025 (Annex.3) as well as the condition No.7 mentioned therein, are bad in the eyes of law and thus, the same deserves to be quashed and set aside.

6. Contrary to the submissions advanced by the petitioner's counsel, learned Additional Advocate General Mr. N.S. Rajpurohit, submits that the Condition No.7 laid down in the format appended with the order dated 19.09.2025 (Annex.3), is in consonance with the regulations in force. He further submits that benefit of incentive marks cannot be extended to the petitioner, as the petitioner has served in rural area on work arrangement basis and the posting of the petitioner at PHC, Binasar District Churu, was not a regular posting. He also submits that the petitioner has been sent on work arrangement basis at the PHC, which cannot be equated with the free will of medical officer to render services at rural area. He submits that the State Government has framed policy of giving benefit of incentive marks to the doctors, who are selected for serving in the rural area at their own free will and thus, the equal benefit of extending incentive marks cannot be given to the petitioner who has served in the rural area due to administrative exigency. Learned Additional Advocate General, thus, urges, that the format appended with the order dated (Uploaded on 26/11/2025 at 07:10:51 PM) (Downloaded on 26/11/2025 at 07:43:54 PM) [2025:RJ-JD:50965] (6 of 12) [CW-20596/2025] 19.09.2025 (Annex.3) is perfectly justified in the eyes of law and the same does not warrants any interference.

7. I have heard and considered the submissions advanced at Bar by learned counsel representing the parties and have gone through the material available on record.

8. The National Medical Commission, vide Notification dated 29th December, 2023, has framed the Regulations of 2023. In Chapter IV thereof, dealing with 'Admission, Counselling, etc.', under Clause 4.1 titled 'Eligibility Criteria', it has been stipulated that; for the purpose of admission to broad-speciality courses, the existing system of admission through the National Eligibility-cum- Entrance Test (Post-Graduate) [NEET-PG], as provided under the Post-Graduate Medical Education Regulations, 2000 (PGMER- 2000), shall continue to govern the process. The relevant extract of the said Regulation is reproduced hereinbelow:-

"CHAPTER IV ADMISSION, COUNSELLLING, ETC.

4.1 Eligibility Criteria -

Eligibility to pursue a post-graduate broad-speciality course in Medicine shall be as per "NMC, National Exit Test Regulations, 2023".

Provided that until the first batch based on National Exit Test (NExT) becomes eligible for admission in broad- speciality courses, the existing system of admission through National Eligibility-cum-Entrance Test-Post-graduate (NEET- PG) as per Post-Graduate Medical Education Regulation, 2000 (PGMER-2000) shall continue.

Without prejudice to anything stated above the Post- Graduate Medical Education Board may determine the manner, modalities, etc., of conducting the NEET-PG for brad-speciality courses by way of Notification. xxxxxxxxx"

9. From a plain reading of the Gazette Notification dated 29 December 2023, it is evident that the Postgraduate Medical Education Regulations, 2000 (PGMER-2000) continue to remain in (Uploaded on 26/11/2025 at 07:10:51 PM) (Downloaded on 26/11/2025 at 07:43:54 PM) [2025:RJ-JD:50965] (7 of 12) [CW-20596/2025] force for admissions to broad-speciality courses until commencement of admissions for the first batch eligible under the National Exit Test (NExT). The erstwhile statutory authority, the Medical Council of India (MCI), in exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956, and with the previous sanction of the Central Government, issued a Notification dated 5 April 2018, thereby promulgating the Postgraduate Medical Education (Amendment) Regulations, 2018 (for brevity, "the 2018 Regulations"). In the said regulation of 2018 under Regulation 9, procedure for selection of a candidate for postgraduate course has been laid down and the same is reproduced hereunder:-

"9. Procedure for selection of candidate for Postgraduate courses shall be as follows:-

(1) There shall be a uniform entrance examination to all medical educational institutions at the Postgraduate level namely National Eligibility-cum Entrance Test for admission to postgraduate courses in each academic year and shall be conducted under the overall supervision of the Ministry of Health & Family Welfare, Government of India.

(2) The "designated authority" to conduct the National Eligibility-cum- Entrance Test shall be the National Board of Examination or any other body/organization so designated by the Ministry of Health and Family Welfare, Government of India.

(3) In order to be eligible for admission to Postgraduate Course for an academic year, it shall be necessary for candidate to obtain minimum of marks at 50 percentile in the 'National Eligibility-Cum-Entrance Test for Postgraduate courses held for the said academic year. However, in respect of candidates belonging to Scheduled Castes, Scheduled Tribes, and Other Backward Classes, the minimum marks shall be at 40 percentile. In respect of candidates with benchmark disabilities specified under the Rights of Persons with Disabilities Act, 2016, the minimum marks shall be at 45 percentile for General Category and 40 percentile for SC/ST/OBC. The percentile shall be determined on the basis of highest marks secured in the All India Common merit list in National Eligibility-cum Entrance Test for Postgraduate courses. Provided when sufficient number of candidates in (Uploaded on 26/11/2025 at 07:10:51 PM) (Downloaded on 26/11/2025 at 07:43:54 PM) [2025:RJ-JD:50965] (8 of 12) [CW-20596/2025] the respective categories fail to secure minimum marks as prescribed in National Eligibility-cum-Entrance Test held for any academic year for admission to Postgraduate Courses, the Central Government in consultation with Medical Council of India may at its discretion lower the minimum marks required for admission to Post Graduate Course for candidates belonging to respective categories and marks so lowered by the Central Government shall be applicable for the academic year only.

(4) The reservation of seats in Medical Colleges/institutions for respective categories shall be as per applicable laws prevailing in States/Union Territories. An all India merit list as well as State-wise merit list of the eligible candidates shall be prepared on the basis of the marks obtained in National Eligibility-com-Entrance Test and candidates shall be admitted to Postgraduate Courses from the said merit lists only.

Provided that in determining the merit of candidates who are in service of government/public authority, weightage in the marks may be given by the Government/Competent Authority as an incentive upto 10% of the marks obtained for each year of service in remote and/or difficult areas or Rural areas upto maximum of 30% of the marks obtained in National Eligibility cum Entrance Test. The remote and/or difficult areas or Rural areas shall be as notified by State Government/Competent authority from time to time.". (5) 5% seats of annual sanctioned intake capacity shall be filled up by person with benchmark disabilities in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016, based on the merit list of National Eligibility-Cum- Entrance Test for admission to Postgraduate Medical Courses In order to be eligible for admission to Postgraduate Course for an academic year, it shall be necessary for a candidate to obtain minimum of marks at 50 percentile in the National Eligibility-Cum-Entrance Test for Postgraduate courses held for the sand academic year. However, in respect of candidates belonging to Scheduled Castes, Scheduled Tribes, and Other Backward Classes, the minimum marks shall be at 40 percentile. In respect of candidates with benchmark disabilities specified under the Rights of Persons with Disabilities Act, 2016, the minimum marks shall be at 45 percentile for General Category and percentile for SC/ST/OBC.

(6) No candidate who has failed to obtain the minimum eligibility marks as prescribed in Sob-Clause (3) above shall be admitted to any Postgraduate courses in the said academic year.

(7) In non-Governmental medical colleges/institutions, 50% (Fifty Percent) of the total seats shall be filled by State (Uploaded on 26/11/2025 at 07:10:51 PM) (Downloaded on 26/11/2025 at 07:43:54 PM) [2025:RJ-JD:50965] (9 of 12) [CW-20596/2025] Government or the Authority appointed by them, and the remaining 50% (Fifty Percent) of the seats shall be filled by the concerned medical colleges/institutions on the basis of the merit list prepared as per the marks obtained in National Eligibility-cum- Entrance Test".

(8) 50% of the seats in Postgraduate Diploma Courses shall be reserved for Medical Officers in the Government service, who have served for at least these years in remote and for difficult areas and/or Rural areas. After acquiring the Postgraduate Diploma, the Medical Officers shall serve for two more years in remote and difficult areas and/or Rural areas as defined by State Government/Competent authority from time to time.

(9) The Universities and other authorities concerned shall organize admission process in such a way that teaching in broad speciality postgraduate courses starts by 1" May and for super speciality courses by 1 st August each year. For this purpose, they shall follow the time schedule indicated in Appendix III.

(10) There shall be no admission of students in respect of any academic session beyond 31 May for postgraduate courses and 31 August for super speciality courses under any circumstances. The Universities shall not register any student admitted beyond the said date.

(11) No authority/institution shall admit any candidate to any postgraduate medicine course in contravention of the criteria /procedure as laid down by these Regulations and/or in violation of the judgements passed by the Hon'ble Supreme Court in respect of admissions. Any candidate admitted in contravention/violation of aforesaid shall be discharged by the Council forthwith. The authority/institution which grants admission to any student in contravention / violation of the Regulations and/or the judgements passed by the Hon'ble Supreme Court, shall also be liable to face such action as may be prescribed by the Council, including surrender of seats equivalent to the extent of such admission made from its sanctioned intake capacity for the succeeding academic year / years."."

10. The proviso to sub-regulation (4) of Regulation 9 stipulates that, for the purpose of determining the merit of candidates serving under the Government or any Public Authority, the Government or the Competent Authority may grant incentive weightage in marks, to the extent of ten percent (10%) of the marks obtained, for each completed year of service rendered in (Uploaded on 26/11/2025 at 07:10:51 PM) (Downloaded on 26/11/2025 at 07:43:54 PM) [2025:RJ-JD:50965] (10 of 12) [CW-20596/2025] remote, difficult, or rural areas. However, such weightage shall not, in any case, exceed thirty percent (30%) of the marks secured by the candidate in the National Eligibility-cum-Entrance Test (NEET). The responsibility for identification and notification of remote, difficult, and/or rural areas vests with the State Government or the Competent Authority, as may be prescribed or revised from time to time.

In the present case, the petitioner was posted at the Primary Health Centre (PHC), Binasar, District Churu, by virtue of Office Order dated 7 May 2022 (Annexure 1), till further orders. As per the Notification dated 14 April 2020 (Annexure 2), issued by the Medical and Health (Group-2) Department, the said locality is enumerated as a rural area at Serial No.246. Hence, there remains no scintilla of doubt that PHC Binasar, District Churu, is a duly notified rural area for the purposes of the aforementioned regulation. The Condition No.7 in the format appended to the order dated 19.09.2025 (Annex.3), specifically excludes the candidates from the benefit who are though posted in urban area and are working either on work arrangement basis/deputation in a rural area. Condition No.7 appended to the order dated 19.09.2025 (Annex.3) is reproduced hereunder:-

"नियंत्रण अधिकारियों हे तु आवश्यक निर्देश - xxxxxxxx xxxxxxx शहरी क्षेत्र में पदस्थापित रहते हुए ग्रामीण क्षेत्र में कार्य संपादन /प्रतिनियुक्ति अवधि को गणना योग्य अवधि में सम्मिलित नहीं किया जाए। xxxxxxxx"

11. Upon a detailed examination, it becomes clear that the term "service" under Regulation 9(4) makes no distinction regarding the nature of posting; actual service rendered in a notified rural (Uploaded on 26/11/2025 at 07:10:51 PM) (Downloaded on 26/11/2025 at 07:43:54 PM) [2025:RJ-JD:50965] (11 of 12) [CW-20596/2025] area--regardless of whether on a work arrangement or regular posting--entitles the candidate to incentive marks. The petitioner's service at PHC, Binasar, District Churu, is duly recognized and supported by official records and certificates, and not disputed by respondents.

Accordingly, the exclusion of the petitioner from incentive marks solely due to the "work arrangement" basis of service is held to be arbitrary, discriminatory, and contrary to the letter and spirit of Regulation 9(4) of the 2018 Regulations. The petitioner is entitled to the same benefits as other candidates serving in rural areas. The respondents have not disputed the fact that in pursuance of the office order dated 07.05.2022, the petitioner has not discharged his duties at PHC, Binasar, District Churu, on work arrangement basis, further, the petitioner, by way of rejoinder, has placed on record various documents demonstrating that he has joined the said post in compliance with the office order dated 07.05.2022. Counsel for the petitioner has also produced a certificate issued by the Superintendent, Government D.B. Associated Hospital Group, Churu, dated 24.11.2025 (Annexure P/11), indicating that he has been discharging his duties at PHC, Binasar, District Churu, in pursuance of the said order, till date and the said certificate has not been disputed by the respondent- State.

12. Regulations of 2018 and the Regulations of 2023, as supplied by counsel for the petitioner, are taken on record.

13. In view of the discussion made hereinabove, this Court holds that the respondents' action in excluding the petitioner from the benefit of incentive marks solely on the ground that he discharged (Uploaded on 26/11/2025 at 07:10:51 PM) (Downloaded on 26/11/2025 at 07:43:54 PM) [2025:RJ-JD:50965] (12 of 12) [CW-20596/2025] duties in a rural area on a work arrangement basis is arbitrary, discriminatory and not in consonance with the proviso to Regulation 9(4) of the Regulations of 2018. The petitioner cannot be treated differently from other candidates who are also discharging their duties in rural areas; albeit, not on a work arrangement basis.

14. In view of the aforesaid discussion, the writ petition deserves to be allowed with the following directions: The condition No.7 in the format appended to the order dated 19.09.2025 (Annex.3) is declared arbitrary, discriminatory and unjust. The respondent No.4-The Principal And Controller, Pandit Deen Dayal Upadhyay, Medical College, Churu, is directed to issue experience certificate in favour of the petitioner for the period for which, he has discharged his duties at PHC, Binasar, District Churu and copy of which shall also be forwarded to the respondent No.6-The Chief Medical And Health Officer, Ratangarh, District Churu, who shall in turn issue petitioner the experience certificate in the prescribed format. The respondents are further directed to consider the experience certificate duly issued by respondent No.6 and accord him respective incentive marks and include name of the petitioner in the final list of the candidates, as per the merit of the petitioner.

15. Stay application as well as all other pending application(s), if any, also stand disposed of accordingly. No order as to costs.

(DR. NUPUR BHATI),J 197-/Devesh Thanvi/-

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Rajasthan High Court - Jodhpur