Himachal Pradesh High Court
Anshul And Anr. vs . State Of Hp And Ors on 5 June, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Anshul and Anr. Vs. State of HP and Ors CWP No.15292 of 2024 05.06.2025 Present: Mr. Vishwa Bhushan, Advocate, for the petitioner.
Mr. Rajat Chaudhary, Assistant Advocate General, for respondents No. 1 to 3.
Mr. Sandeep K. Pandey, Advocate, for respondent No.4.
Following order was passed in the mater on 17.12.2024:-
"Petitioners are serving as Medical Officers at Civil Hospital Shahpur, District Kangra. They appeared in NEET P.G. examination on 11.08.2024. The second round of counselling under this exam is currently stated to be in progress. Petitioners' grievance in this writ petition is regarding denial of incentive marks to them under the PG/Super Specialty Policy notified on 27.02.2019 as amended on 04.09.2023, for the service rendered in Civil Hospital Shahpur, District Kangra.
2. Following order was passed in the matter on 13.12.2024:-
"Notice. Mr. Dalip K. Sharma, learned Additional Advocate General and Mr. Sandeep K. Pandey, learned counsel, accept notice on behalf of respondents No.1 to 3 and 4, respectively.
2. Learned counsel for the petitioners contends that the petitioners have rendered services at Civil Hospital Shahpur, Kangra, H.P. In view of instructions dated 04.12.2024 (Annexure P-5) placed by the respondents on record in CWP No. 292/2024 (Dr. Srishti Sachidanand & Ors. Vs. State of H.P. & Ors.) decided on 05.12.2024, services rendered at Shahpur should be reckoned as services in rural area. Shahpur is not part of urban areas as per the aforesaid instructions. Learned counsel further submits that inclusion of Shahpur in rural areas would come to the aid of the petitioners for the purpose of incentive marks. That counselling for the NEET-PG-Course is currently going on (12.12.2024 to 17.12.2024).
3. Let the respondents to have instructions in the matter.
List on 16.12.2024"
3. Matter, thereafter, was heard on 16.12.2024, when at the request of learned Additional Advocate General, it was adjourned to today. Today's hearing has been attended by Dr. Rajan Uppal, Joint Director (Health) and Dr. Poonam Sandhu, Dy. Director (Health).
4. Learned Additional Advocate General, on the basis of instructions imparted to him by the above officers, has submitted that Civil Hospital, Shahpur falls under Nagar Panchayat Shahpur. Being a Nagar Panchayat, Shahpur becomes an urban area as it falls within the definition of "Urban Area" under Section 2(K) of Himachal Pradesh Urban Rent Control Act, 1987, which reads as under:-
"2(k) urban area" means any area administered by a municipal corporation, a municipal committee, a cantonment board, or a notified area committee or any area declared by the State Government, by notification, to be an urban area for the purposes of this Act."
It was also submitted that under the PG/Super Specialty Policy notified on 27.02.2019 as amended vide notification dated 04.09.2023, incentive marks are not to be given for service rendered in urban areas. Respondents contend that since the petitioners' service in Civil Hospital Shahpur was in urban area, therefore, they cannot be granted any incentive marks. In view of above stand, no interim relief can be granted to the petitioners.
5. Notwithstanding above, there is another aspect of the matter. In case, the respondents adopt the definition of urban area as per the provisions of the H.P. Urban Rent Control Act, they are justified in not granting incentive marks for service rendered in such areas. However, notification dated 04.09.2023, that amends the PG Policy dated 27.02.2019, prima-facie, appears to be having grey areas inasmuch as Category' C' therein pertains to 'Difficult Rural Areas', which have been specifically outlined there. However, immediately below thereafter, the Category is of 'All Other Rural Areas of Himachal Pradesh' and mandates rendering three years' service for availing incentive marks, but does not specifically mention which are these rural areas. Also as per notification dated 04.09.2023, prior mandatory service of four years in urban areas is required and incentive marks are not be given for service rendered in urban areas. Though according to the instructions now placed on record by the respondents, urban area would be the one that falls within the definition of urban area given in the H.P. Urban Control Act, nonetheless, there is no such mention in the notification dated 04.09.2023 regarding inclusion of areas in the Category' Urban Areas' or the definition of Urban Area.
Dr. Rajan Uppal, Joint Director (Health) and Dr. Poonam Sandhu, Dy. Director (Health) state that respondents will themselves consider the above aspects and pray for some time for the purpose.
List on 08.1.2025, when fresh instructions in light of above observations be placed on record."
Pursuant thereto, matter was adjourned on number of occasions to enable the respondents to consider the aspects noticed in the aforesaid order.
2. Respondents have now placed on record office instructions dated 13.05.2025 from the Director Health Services, Himachal Pradesh, clarifying the amendment to Annexure A of the PG/SS Policy dated 04.09.2023 as under:-
"1. All other Rural Areas.
That all the areas oiher than (i) Tribal/Remotest areas (ii) Hard/Difficult Areas (ii) Difficult Rural Areas and (iv) Urban Areas which are not covered under category A, B & C of Annexure-A of notification dated 4.9.2023 and are not Urban Areas are " All other Rural Areas of HP".
2. Urban Areas of HP.
That "Urban Areas of HP" includes those areas which are defined /recognized by various Acts/instructions/Government notifications and which includes Nagar Panchayats, Nagar Parishads and Municipal Corporations/Committees and areas as notified by the Urban Development Department from time to time and are not covered under Category A, B and C of Annexure-A of notification dated 4.9.2023."
4. A copy of letter dated 06.05.2023 from the Secretary (Health) to the Government of Himachal Pradesh, on the subject 'clarification regarding amendment to the Annexure A of PG/SS Policy dated 04.09.2023' has also been placed on record.
5. To a query of the Court, as to how 'clarification' will substitute a duly notified policy unless the clarification itself either gets incorporated by way of amendment in the policy or is duly notified in accordance with law, learned Assistant Advocate General sought two weeks further time to place on record fresh instructions.
List on 28.06.2025.
Jyotsna Rewal Dua
June 5, 2025 Judge
(R.Atal)