VIKRANT KUMAR Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-1-25
HIGH COURT OF UTTARAKHAND
Decided on January 01,2013

Dr. Vikrant Kumar Appellant
VERSUS
State of Uttarakhand And Ors. Respondents

JUDGEMENT

V.K. Bist, J. - (1.) INSTANT petition has been filed by the petitioner for declaring the action of respondent Nos. 1 & 2 illegal, irregular, arbitrary, ultra -vires and void ab initio in giving retrospective effect to the provision of 10% weightage in marks for each year of service rendered in remote/difficult areas as introduced by notification dated 15.02.2012, prior in time, when the said provision was not even in existence and for quashing all consequential orders and directions made by the respondent authorities by giving retrospective effect to notification dated 15.02.2012, as there is no such provision in said notification for giving retrospective effect to it from any prior date. Further prayer has been made for directing the respondent No. 1 to give admission to the petitioner against one of the two PC seats under the State quota for the regularly appointed Medical officers working in provincial Health and Medical Services on the basis of marks/score obtained by him in All India NEET -PG 2012 -13, as is provided under the law. This petition was heard on 25.06.2013. On that day order was passed permitting the petitioner to serve respondent No. 3 DASTI. Further order was passed directing the parties to maintain status -quo.
(2.) COUNTER affidavit on behalf of private respondent filed in the Court today. Same is taken on record. The petitioner also filed rejoinder affidavit to the said counter affidavit. On 15.02.2012, Medical Council of India issued notification. After clause -9 the following clause was added. Provided that in determining the merit of candidates who are in service of Government/Public Authority, weightage in the marks may be given by the Government/Competent Authority as an incentive at the rate of 10% of the marks obtained for each year of service in remote and/or difficult areas upto the maximum of 30% of the 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.
(3.) AFTER declaration of the result of NEET -PG, the State Government also issued Information Bulletin for Counselling for Uttarakhand state quota seats in MD/MS/MDS/PG Diploma Courses in Medical/Dental Colleges of Uttarakhand through NEET -PG -2013/NEET (MDS) -2013. (Academic Session 2013 -14). The proviso added in Clause -9 Post Graduate of Medical Education Regulation, 2013 was included in this information bulletin. The respondents, while considering admission of the petitioner as well as respondent No. 3 granted weightage in marks from September, 2010 by itself, as provided in the Regulations. In NEET Examination, the petitioner secured 782.441 marks, whereas the respondent No. 3 obtained 647 marks, but after giving weightage, the respondent No. 3 obtained more marks than the petitioner i.e. 824.21 marks.;


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