Excelsior Correspondent
JAMMU, May 19: Division Bench of the State High Court comprising Justice Alok Aradhe and Justice Dhiraj Singh Thakur today upheld the judgment of the Writ Court mentioning that NRHM doctors are eligible for the benefits of Regulation 9 of MCI Regulations 2000 which provides that a doctor who has served in difficult/remote areas shall be entitled to 10% additional marks for each completed year of service.
During the course of arguments, it was stated that after the ad-interim order passed on May 3, 2017 the appellants have held the counseling and prepared the provisional merit list, which has been made subject to outcome of this LPA.
Accordingly, the DB Division Bench directed the appellants to grant the benefit of Regulation 9 of the Regulations to the Medical Officers who have served in difficult areas as defined in SRO 201 of 2006, redraw the merit list and thereafter hold fresh counseling to allot the seats.
“This process shall be completed on or before May 31, 2017 as per the time schedule fixed by the Supreme Court”, the DB said after hearing after hearing Advocate General Jehangir Iqbal Ganai with Deputy AG Ashish Singh Kotwal, Advocates Sunil Sethi and Waheed Chowdhary for the appellants whereas Advocates Abhinav Sharma, Z A Shah, Vipan Gandotra, K S Johal and Javed Iqbal Balwan for the respondents.
“It is an admitted fact that the State Government has not defined difficult and remote areas. However, from close scrutiny of the Proviso to Regulation 9 of the Regulations it is axiomatic that though the power has been given to the State Government/ Competent Authority to define remote and difficult areas yet there is no requirement to issue a notification under the Proviso to Regulation 9 of the Regulations”, the DB said.
“Admittedly, the State Government even prior to amendment of Regulation 9 of the Regulations in the year 2012 by virtue of enactment of SRO 401 dated 29.12.2009 has granted the benefit to the Medical Officers who have served in difficult areas. In other words, the State Government has identified the difficult and remote areas, which is also discernible from SRO 201 of 2006”, the DB further said, adding “the difficult areas have been identified by the State Government on the strength of the guidelines provided under Regulation 41-A(i) of the Jammu and Kashmir Civil Service Regulations, 1956”.
Moreover, the State Health Society of National Rural Health Mission has identified remote, inaccessible, very difficult and difficult areas in the State with a view to ensure availability of doctors, which have been mentioned in operation guidelines for the year 2013-2014 issued by the Director Health Services, Kashmir, the DB observed, adding “in the result, we hold that Regulation 9 of the Regulations would apply in respect of the National Eligibility-cum-Entrance Test held this year bearing in mind the mandate of Regulation 9 of the Regulations”.
However, DB made it clear that in case the State Government feels that any clarification with regard to difficult and remote areas is required, the State Government shall be free to approach Medical Council of India and shall positively identify the difficult and remote areas well before the next National Eligibility-cum-Entrance Test.
Follow our WhatsApp channel