Punjab-Haryana High Court
Dr.Jasvir Kaur vs State Of Punjab And Others on 30 August, 2013
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
CWP No.15960 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CWP No.15960 of 2013 (O&M)
Date of Decision: 30.08.2013
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Dr.Jasvir Kaur
. . . .Petitioner
Versus
State of Punjab and others
. . . . Respondents
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CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mrs.Sangeeta Dhanda, Advocate,
for the petitioner.
Mr.V. Ramswaroop, Addl. A.G. Punjab.
Mr.Manish Dadwal, Advocate,
for respondent No.3.
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RAKESH KUMAR JAIN, J.
The petitioner passed her MBBS from Government Medical College, Amritsar in the year 2002. She worked with a private Charitable Hospital at Shahkot, Jalandhar from May 2005 to October 2005. She was appointed as Rural Medical Officer [for short 'RMO'] in Zila Parishad and joined at Subsidiary Health Centre (SHC), Daggan under CHC Budhwar, Block Hazipur, District Hoshiarpur, worked there from 1.6.2006 to 4.2.2009 and was transferred to SHC Kang, Block Khadoor Sahib under CHC Mianwind, District Taran Taran, where she worked from 5.2.2009 CWP No.15960 of 2013 (O&M) -2- to 12.3.2011. She was appointed as Medical Officer (General) in PCMS-I Cadre and posted at Satellite Hospital, Fatehpur, Amritsar w.e.f. 7.3.2011. She was on probation for a period of two years, successfully completed as per circular dated 20.6.2013 issued by the Under Secretary, Govt. of Punjab, Health and Family Welfare Department. According to the petitioner, she had rendered 4 years and 9 months service as RMO and 2 years and 2 months service as PCMS.
The Medical Council of India issued a notification on 15.2.2012 and as per Clause (5) of the said Notification, "Clause 9 under the heading "Selection of Postgraduate Students" as amended vide notification No.MCI.18(1)/2010- Med/49070 dated 21st December, 2010, following shall be added after sub-clause IV that in determining the merit of candidates who are in service of the Government/public authority, weightage in the marks may be given by the Government/competent authority as an incentive at the rate of 10% of 1 mark obtained for each year of service in remote and/or difficult areas up to the maximum of 30% marks obtained in National, Eligibility-cum-Entrance Test, the remote and difficult areas shall be as defined by State Government/Competent authority from time to time".
The State Government vide its notification dated 5.4.2013 provided NEET-PG-2013 i.e. the test to be held as per the Union of India/Medical Council of India for filling up the PG seats. The relevant Clause of the notification reads CWP No.15960 of 2013 (O&M) -3- that "NEET-PG-2013 is the eligibility-cum-ranking examination prescribed as the single entrance examination to various MD/MS and PG Diploma Courses under ambit of Post Graduate Medical Regulation notification by the Medical Council of India with approval of the Ministry of Health and Family Welfare, qualifying NEET-PG is mandatory for getting entry to MD/MS/PG Diploma Courses under various Universities and Institution".
The petitioner appeared in the NEET-PG-2013 examination conducted on all India basis and secured 601.93 marks in the result declared on 16.5.2013.
Respondent No.3 issued the prospectus for admission to the PG course-2013. As per Clause 14 of the Prospectus, 60% seats out of 50% of the total seats to be filled up from the State quota were offered to the PCMS in-service Doctors and the remaining 40% seats were meant for the MBBS, who were not in Government service.
The eligibility criteria for seats in 60% quota in which the petitioner had also applied, reads as under: -
"14(I) Government Institution (Government Medical College Amritsar and Patiala, G.G.S. Medical College, Faridkot;
Government Dental College Patiala and Amritsar.
In the Government institutions, 50% of the total seats in every such institution shall be filled by the Government of India at all India level through CWP No.15960 of 2013 (O&M) -4- NEETPG-2013. The remaining seats shall be filled through NEET-PG at State Level from amongst candidates having Punjab resident status. Out of the remaining seats, 60% seats shall be filled up from amongst the eligible PCMS/ PCMS (Dental)/ PDES in service doctors and 40% shall be open to all eligible medical/ dental graduates.
A. For 60% Seats in Post Graduate
Degree for PCMS/PCMS
(Dental)/PDES.
The Eligibility to 60% quota candidates will be as per letters of Deptt. of Health and Family Welfare Endst. No. 26/12/94-5HB2/795-805 dated 31.01.2011; and Memo No. 26/12/94- 5HB2/4456-58 dated 17.07.2012 No. 2/149/12-1HBI/7260-77 dated 13-09- 2012 and any other notification issued from time to time.
a) The eligibility requirements are as under:
(i) Regular PCMS employee; and
(ii) Have completed four years'
service in very difficult
(Category D) area or six year
CWP No.15960 of 2013 (O&M) -5-
service in difficult
(Category C) or on
appropriate combination of
both and in case of
candidates who have
completed 5 year of service
as on 01-01-2012, they
should have completed 2
years of service in most
difficult areas or 3 years of
service in difficult areas; and
RMO once they are selected
in PCMS, they will be given
benefits of rural service
rendered by them as RMO's
under Zila Parishads.
(iii) Have cleared the probation
period; and
(iv) Whose service record is good;
and
(v) After completion of Post
Graduate Course have
minimum of 10 years' service
left; and
(vi) There is no vigilance/
departmental/ disciplinary
CWP No.15960 of 2013 (O&M) -6-
inquiry pending against the
employee.
b) The period of rural service shall be computed as on March 31st of corresponding year.
c) Adhoc service rendered in respective category will be counted for purpose of computing the stipulated period of three years.
d) Weightage of 1.0 mark for each year's service in difficult area and 1.5 marks for most difficult area over and above the eligibility of rural service shall be given, subject to a maximum of 5 marks.
e) Applications- The following documents shall be attached with the application submitted by the candidates to the BFUHS, Faridkot after declaration of the result of PGNEET.
i) In the case of PCMS/PCMS (Dental) doctors:- A Certificate regarding length of service, length of rural service, number of year of service left after CWP No.15960 of 2013 (O&M) -7- completion of Post Graduate course and that no departmental/vigilance inquiry is pending against the candidate is required to be submitted.
ii) In the case of Punjab Dental Education Service:- A Certificate from the Principals of Government Dental Colleges regarding the length of service as Punjab Dental Education Services.
iii) Demonstrator (Dental) Serving in the Government Dental Colleges at Patiala / Amritsar is exempted from the condition of rural service.
iv) The Registrar posted at Sri Guru Gobind Singh Medical College, Faridkot shall be allowed to do Post Graduate Course at Sri Guru Gobind Singh Medical College, Faridkot in the subject in which they are doing Registrarship. The admission shall be subject to their getting CWP No.15960 of 2013 (O&M) -8- admission on the basis of their merit in NEET-PG and on the condition that seats are available at G.G.S. Medical College, Faridkot in the concerned specialty/ Course.
However, if they get admission at other college or other specialty they will have to get reversion to general cadre before admission."
According to Clause 14(1)A(a)(ii), regular PCMS in-service employees should have completed four years' service in very difficult (Category 'D') area or six year service in difficult area (Category 'C') or on appropriate combination of both and in case of candidates, who have completed 5 years' service as on 1.1.2012, they should have completed 2 years service in 'most difficult area' or 3 years' service in 'difficult areas'. The RMO, who have been selected in PCMS are given benefits of rural service rendered by them as RMO's under Zila Parishad.
According to the petitioner, she is a regular PCMS employee, who has cleared her probation and served for 4 years' in 'very difficult area' (Category 'D') as notified on 31.1.2011, her services rendered in SHC Daggan and Kang of more than 4 years' and 9 months has to be considered as CWP No.15960 of 2013 (O&M) -9- service rendered in 'more difficult area' but since the petitioner was not considered, the present writ petition has been filed in which after notice, reply has been filed wherein it has been admitted that the petitioner has rendered 4 years' and 9 months service in 'rural area' but that has been in the Category 'C' namely 'other difficult area' and not in category 'D' i.e. 'difficult rural area'.
Faced with the aforesaid reply, the petitioner filed CM No.11118 of 2013 under Order 6 Rule 17 of the CPC for amendment of the writ petition in order to challenge the stand taken by the respondents in their reply that the petitioner has not served in Category 'D' areas.
In the reply filed on behalf of respondents No.1, 2 and 4, it is averred that the management of Subsidiary Health Centres (SHC) i.e. Rural Dispensaries (RDs) was handed over by the Department of Health and Family Welfare, Government of Punjab to the Department of Rural Development and Panchayats, Punjab, in 2006. Vide order dated 31.1.2011, the Department of Health and Family Welfare had categorized the health institutions under its control, namely, Primary Health Centres (PHC), Community Health Centre (CHC), Sub-Divisional Hospitals and District Hospitals (DH) and Urban Health Centres. The Subsidiary Health Centre (SHC) transferred to the Department of Rural Development and Panchayats and was not categorized at that time. On 21.9.2011, it was decided by the Government of Punjab that CWP No.15960 of 2013 (O&M) - 10 - the Rural Medical Officers after their selection and appointment to PCMS cadre will be given the benefit of rural service rendered by them as RMOs under Zila Parishad to avail the benefit of PG seats in 60% quota meant for in- service PCMS doctors and for that it was necessary to categorize the health institutions i.e. SHCs under the control of the Department of Rural Development and Panchayats. Accordingly, the SHCs were categorized in four categories on the same principles of categorization as the health institutions under the Department of Health and Family Welfare and were uploaded on the website of the Department www.pbhealth.gov.in.
In the reply filed on behalf of respondent No.3/Univerity, the stand taken by the University is that the Department of Health and Family Welfare, Punjab has categorized the Health Institutions into four categories i.e. 'A', 'B', 'C' and 'D'. The category 'A' institutions are located in or near the corporation and other cities; category 'B' institutions are located in or near the urban areas; category 'C' institutions are located in rural 'other difficult areas' and category 'D' institutions are located in 'difficult rural areas'. In the same terms, the health institutions under the Rural Development and Panchayat Department (SHC) have also been categorized as 'A', 'B', 'C' and 'D'. It is further averred that the petitioner has rendered rural service of 4 years' and 9 months under Category 'C' and has 2 years of service in CWP No.15960 of 2013 (O&M) - 11 - Category 'A'. The petitioner is required to have 6 years' of rural service in Category 'C' otherwise she is not entitled for NOC for admission in 60% quota meant for in-service PCMS Doctors. It is also averred that the instructions framed under the prospectus with respect to criteria of respective experience in Category 'C' and 'D' has already been upheld by this Court in LPA No.1019 of 2013 titled as "Dr.Sirat & others Vs. State of Punjab and another" decided on 29.5.2013.
The agitation of the petitioner is that when she served in rural areas, at that time those areas were categorized by the respondents/State as 'difficult areas' which have now been categorized as 'other difficult areas' which falls in Category 'C'. It is submitted that the petitioner should be given advantage of the earlier categorization which cannot be changed by the respondents to her detriment because if the services rendered by the petitioner is considered to have been rendered in 'most difficult area' i.e. Category 'D', then she would be fulfilling the requirement as laid down in Clause 14(1)A(a)(ii) of the prospectus which provides for completion of 4 years' service in very difficult (category 'D') area and if that area is not to be considered as 'difficult area', then she is required to have had served for 6 years' in 'rural area' which admittedly is not the position of service rendered by the petitioner.
CWP No.15960 of 2013 (O&M) - 12 -
Learned counsel for the respondents has submitted in this regard that the 'very difficult areas' are to be defined by the State Government or competent authority from time to time as has been mentioned in Clause 5 of notification dated 15.2.2012 issued by the Medical Council of India, which has been reproduced by the petitioner in Para 15 of the writ petition.
Accordingly, it is the stand taken by the respondents that as per the decision of the Government, SHC Daggan under CHC Budhwar, Block Hazipur District Hoshiarpur and SHC Kang Block Khadoor Sahib under CHC Mianwind, District Taran Taran, have been categorized as category 'C', therefore, the petitioner is required to have served for more than 6 years of rural service in Category 'C' before joining PCMS as regular employee.
I have heard learned counsel for the parties and on perusal of record, I am of the considered opinion that there is no merit in the writ petition and the same deserves to fail.
The only case of the petitioner is that she had served in the area Category 'D' for more than 4 years whereas according to the respondents the area where she has served has been declared to be the area under Category 'C' and thus cannot be given the benefit. The claim of the petitioner that when she had served as RMO, the said areas were in the category 'D', but now those areas have been changed to category 'C' which is illegal and cannot be accepted because it CWP No.15960 of 2013 (O&M) - 13 - is provided in Clause 5 of the notification dated 15.2.2012 issued by the Medical Council of India and has been referred to earlier part of the judgment as well that the 'remote' and 'difficult area' shall be defined by the State / competent authority from time to time. Meaning thereby, the definition 'difficult area' was not static or freezed rather it was kept open to define such areas with the change of circumstances and the discretion was left with the Government or the competent authority, in this regard.
Thus, in view of the aforesaid facts and circumstances, I am of the considered opinion that there is no merit in the present petition and the same is hereby dismissed.
(RAKESH KUMAR JAIN) 30.08.2013 JUDGE Vivek Pahwa Vivek 2013.09.19 13:49 I attest to the accuracy and integrity of this document