- (1.) Civil Misc. Writ Petition No. 1380 of 2015 has been filed for quashing of the Government Orders dated 28.2.2014 and 17.4.2014 so far as it puts condition of working for three years in rural area being ultravires and also hit by Articles 14, 15 and 16 of the Constitution of India. Civil Misc. Writ Petition No. 34118 of 2015 has been filed for considering the application of petitioner dated 24.3.2015 for issuance of No Objection Certificate in favour of petitioner for giving the admission in MD/MS/Diploma in UPPGMEE-2015. Civil Misc. Writ Petition No. 35050 of 2015 has been filed for quashing of the declaration of the result dated 2.6.2015 and for permitting the petitioner to go for counselling on the basis of U.P. Post Graduate Medical Entrance Examination 2015 in PHMS Cadre. All the three writ petitions have been clubbed and have been taken up together.
(2.) Brief background of the case, as is emanating from the record in question, is that each and every petitioner is a member of Provincial Medical Health Services and each one of the petitioner claims that as per the posting accorded to them they have been accorded placement and has been performing and discharging their duties. Petitioners submit that 30% quota had been fixed for undertaking the postgraduate course from amongst the incumbents belonging to Provincial Medical Health Services and in reference to the said policy decision that has been so taken Cabinet decision was taken on 16.1.2014 resulting in issuance of Government Order dated 28.2.2014. The object of the aforesaid scheme was to engage Provincial Medical Health Services Cadre members to go for higher education. The Government Order dated 28.2.2014 proceeded to make a mention that all those members of Provincial Medical Health Services Cadre would be available who have in different districts served in far remote backward areas in respective Community Health Centres/Primary Health Centres. After the said policy decision has been taken the examining university in its turn issued advertisement and therein the eligibility for admission has been provided for and as per the same only those incumbents were eligible to apply who have served for a period of three years in remote areas. Petitioners, at this juncture, are assailing that quoting condition of working of three years in remote rural areas is contrary to Articles 14, 15 and 16 of the Constitution of India as it creates class amongst class merely on the basis of placement and to redress this grievance petitioners filed Writ Petition No. 1380 of 2015 wherein this Court on 29.7.2015 has passed the following order; "Though several opportunities have been granted by this Court to file a counter affidavit, no counter has been filed. The petition raises an important issue as to whether the reservation of 30% seats for in service candidates can be denied on the ground that they have not completed three years service in a rural area when the power to issue an appropriate posting lies with the State Government. We are of the view that the Principal Secretary, Medical Education and Health must file his personal affidavit explaining the justification for the Government Order which is questioned and the position of the State Government. We clarify that no further adjournments would be granted and if no affidavit would be filed, the Court would be constrained to dispose of the petition on the basis of the materials as they stand on the record. The counter affidavit shall be filed within a period of one month from today. List on 1 September 2015 in the additional cause list."
(3.) In the aforesaid writ petition counter affidavit has been filed and therein it has been contended that medical health system of State spreads from city to rural areas and the Government makes efforts to reach to the difficult areas also by establishing Primary Health Centre as well as Community Health Centre in rural and remote areas. It has also been mentioned that it is no secret that in the recent area on one ground or another ground a large number of doctors are preferring their posting in the urban area or in the areas covered under the Nagar Panchayat or local areas and in order to encourage the doctors, who are serving in the remote part of the district and to provide specialized medical facilities to the rural areas of the district, the State has evolved a policy permitting those doctors for having Post Graduate Degree during their service tenure and in the said backdrop Cabinet has taken decision dated 16.1.2014 resolving to reserve 30% seats to those Provincial Medical Services doctors, who have completed three years service in the rural areas. In pursuance of Cabinet decision dated 16.1.2014 first Government Order was issued on 28.2.2014 vide which it was decided that in order to be eligible for admission on those 30% seats which are reserved for those doctors who must have completed three years service in the rural areas. By means of the aforesaid Government Order the detailed guidelines as well as terms and conditions have been provided for. It has also been mentioned that pursuant to the above Government decision a list of the PHC/CHC was issued for the year 2014 and recently in the year 2015 vide letter dated 23.4.2015 the list of the PHC/CHC was issued and the same has been uploaded on the website of the department in question and, thereafter, after uploading of the aforesaid list, some of the complaints have been received in the Government that few PHC/CHC have been wrongly shown in the rural areas whereas those are situated in the urban areas or city area, similarly, some of the eligible PHC/CHC has been erroneously left out after taking into consideration the objections received from different quarters, the matter was scrutinized and information from the Chief Medical Officers of all the districts were sought and they have been directed to verify the list of their districts so that the necessary corrections may be carried out and ultimately vide Government Order dated 26.5.2015 it was notified that all the PHC/CHC, which are not situated in the areas covered by Nagar Nigam/Nagar Panchayat/Nagar Palika etc. other rural areas PHC/CHC were notified for eligibility for the reservation of 30% postgraduate seats. It has also been mentioned that in pursuance to the above policy decision the examination was held in March 2015 and those doctors who were successful in the said examination and posted at rural areas or have completed requisite service in the rural area, they were permitted to counselling against those 30% reserved seats. It has also been asserted that State is fully competent to lay down the guidelines for admission to postgraduate medical course which is not contrary to any rules and regulations framed by the MCI and secondly the period of service required as minimum eligibility criteria are having nexus with object which the State Government wants to achieve i.e. to encourage the doctors for posting in the rural areas and to provide better medical facilities to the public of the rural areas.;