Case Note & Summary
The petitioner, Dr. Sandeep Ashokrao Ragade, a Medical Officer with MBBS degree, was appointed on temporary basis at Rural Health Training Center, Paithan on 01.06.2016. He completed 5 years satisfactorily and was given permanent appointment at Primary Health Center, Nandar with effect from 01.07.2021. Having worked in rural area for more than 3 years, he claimed entitlement to 30% weightage marks as an in-service candidate for NEET-PG 2023 under Government Resolution dated 19-03-2019. The respondents refused to grant no objection certificate by order dated 23-01-2023. The petitioner challenged this order, arguing that clauses 5.2, 5.5, and 6.3 of the GR allow counting of temporary service in rural areas for grace marks. The court, after hearing arguments, found that the petitioner's temporary service in rural area qualifies for the benefit. The court allowed the petition, quashed the impugned order, and directed the respondents to grant no objection certificate and treat the petitioner as eligible for weightage marks.
Headnote
A) Service Law - Medical Officer - Weightage Marks - Government Resolution dated 19-03-2019, Clauses 5.2, 5.5, 6.3 - The petitioner, a Medical Officer appointed on temporary basis in a rural area, sought no objection certificate for NEET-PG 2023 claiming entitlement to 30% weightage marks. The respondents refused, but the court held that temporary service in rural areas qualifies for grace marks under clause 5.2 of the GR. (Paras 4-6)
Issue of Consideration
Whether the petitioner, who served as a Medical Officer on temporary basis in a rural area, is entitled to weightage marks as an in-service candidate for NEET-PG 2023 under the Government Resolution dated 19-03-2019.
Final Decision
The petition is allowed. The impugned order dated 23-01-2023 is quashed and set aside. The respondents are directed to grant no objection certificate to the petitioner and treat him as eligible for weightage marks as an in-service candidate for NEET-PG 2023.
Law Points
- Interpretation of Government Resolution
- Weightage marks for in-service candidates
- Temporary service counting for rural service benefit
- No objection certificate for PG studies
Case Details
2023 LawText (BOM) (07) 9
WRIT PETITION NO. 3822 OF 2023
Mangesh S. Patil, S.G. Chapalgaonkar
Mr. V.D. Sapkal, Sr. Advocate i/by Mr. S.R. Sapkal for petitioner; Mr. S.B. Pulkundwar, AGP for respondents
Dr. Sandeep S/o Ashokrao Ragade
The State of Maharashtra through its Secretary, Public Health Department, Mumbai; The Commissioner of Health Service, Mumbai; The Director of Health Service, Mumbai; The Deputy Director of Health Service, Aurangabad; The District Health Officer, Aurangabad
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Nature of Litigation
Writ petition challenging refusal to grant no objection certificate for NEET-PG 2023 and seeking declaration of eligibility for weightage marks.
Remedy Sought
Petitioner seeks quashing of order dated 23-01-2023 refusing no objection certificate and a declaration that he is entitled to weightage marks as an in-service candidate.
Filing Reason
Respondents refused to grant no objection certificate for NEET-PG 2023 despite petitioner having served in rural area for more than 3 years, including temporary service.
Previous Decisions
Order dated 23-01-2023 refusing no objection certificate.
Issues
Whether temporary service in rural area qualifies for weightage marks under Government Resolution dated 19-03-2019.
Whether the petitioner is entitled to no objection certificate for NEET-PG 2023.
Submissions/Arguments
Petitioner's senior advocate argued that clauses 5.2, 5.5, and 6.3 of the GR allow counting of temporary service in rural areas for grace marks, independent of clause 4 regarding deputation.
Respondents' AGP argued against the petitioner's eligibility, but the court found the petitioner's service qualifies.
Ratio Decidendi
Service rendered in rural area on temporary basis counts for grant of grace marks under clause 5.2 of Government Resolution dated 19-03-2019, independent of deputation provisions.
Judgment Excerpts
In substance, the averments of the petitioner are to the effect that he is a MBBS who was appointed as Medical Officer Class – I on temporary basis at Rural Health Training Center, Paithan, District – Aurangabad on 01.06.2016.
He would submit that a careful reading of the different clauses of the Government resolution would reveal that independent of clause 4 laying down different stipulation in respect of request for seeking posting on deputation for the PG courses, clause 5 carves out a separate category in respect of the Medical officers posted in rural and difficult areas including tribal and naxalite areas.
Procedural History
The petitioner filed Writ Petition No. 3822 of 2023 before the Bombay High Court (Aurangabad Bench) challenging the order dated 23-01-2023 refusing no objection certificate. The court heard the matter on 14 June 2023 and pronounced judgment on 05 July 2023.
Acts & Sections
- Government Resolution dated 19-03-2019: Clauses 5.2, 5.5, 6.3
