STATE OF HARYANA AND ANOTHER ETC. Vs. DR. NARENDRA SONI AND OTHERS ETC. ETC.
LAWS(SC)-2017-5-62
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on May 25,2017

State Of Haryana And Another Etc. Appellant
VERSUS
Dr. Narendra Soni And Others Etc. Etc. Respondents

JUDGEMENT

Navin Sinha, J. - (1.) Leave granted.
(2.) The three appeals arise from a common order dated 09.05.2007 allowing the writ petitions heard analogous. The notification dated 05.05.2017, issued by the State of Haryana, notifying remote andor difficult areas in the State for grant of weightage in marks obtained in the National Eligibility-cum-Entrance Test (NEET) for admission to various postgraduate Medical/Dental courses under Regulation 9(IV) of the Postgraduate Medical Education Regulations, 2000 (hereinafter referred to as the "Regulations"), has been set aside, with directions for fresh counselling.
(3.) Learned Senior Counsel Shri Subramanian Prasad and Shri Mahabir Singh, and Learned Counsel Ms. Aishwarya Bhati, on behalf of the appellants, submit that the notification dated 05.05.2017 was not issued in haste. The policy decision was taken by a committee headed by the Director General Health Services. The Committee took into consideration an earlier notification of 21.09.2005 identifying difficult rural areas, then applied four specified criteria to identify remote and/or difficult areas from amongst them, based on unwillingness of Doctors to be posted and consequent vacancies at these places which were affecting health care. These four criteria were, (a) Health institutions not preferred by Doctors for posting, (b) CHCs and PHCs falling in the areas beyond 10 kilometers from the municipal limits, (c) Challenging and difficult institutions/areas identified by the department in 2005 and 2006, and (d) PHCs/CHCs falling in less developed areas of Mewat and Siwalik areas. The notification was in consonance with the directions in State of U.P. v. Dinesh Singh Chauhan, 2016(4) S.C.T. 517 : (2016) 9 SCC 749 , to cover up the demand for basic health care, commensurate facilities and meet the inertia amongst young Doctors to go to such areas thus serving a dual purpose. ;


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