SANJAY KISHAN KAUL, J. - (1.) THE appellant after obtaining MBBS Degree from the Government Medical College, Amritsar in the year 2002 proceeded to work with a private Charitable Hospital at Shahkot, Jalandhar from May 2005 to October 2005 till she was appointed as a Rural Medical Officer (RMO) in Zila Parishad and joined the Subsidiary Health Centre (SHC), Daggan under Community Health Centre (CHC), Budhwar, Block Hazipur, District Hoshiarpur. She worked from 01.06.2006 to 04.02.2009 and was transferred to Subsidiary Health Centre, Kang, Block Khadoor Sahib under Community Health Centre, Mianwind, District Tarn Taran where she worked from 05.02.2009 to 12.03.2011. The appellant had subsequent tenures and completed her probation. It is the case of the appellant that she has completed 4 years and 9 months service as RMO and 2 years and 2 months service as PCMS.
(2.) THE appellant was desirous of carrying on a Post -Graduate Course. The Medical Council of India issued a notification on 15.02.2012 making a provision for weightage to be given by the government/competent authority as an incentive at the rate of 10% of 1 mark obtained for each year of service in the remote and/or difficult areas upto the maximum of 30% marks obtained in the National Eligibility -cum -Entrance Test. The remote and difficult areas were as defined by the State Government/competent authority. The State Government vide its notification dated 05.04.2013 sought to fill up the PG seats in which the appellant participated and secured 601.93 marks as per result declared on 16.05.2013. The prospectus of respondent No. 3 for admission to the PG Course ­ 2013 had a provision for 60% seats out of 50% State quota seats to be provided to PCMS -in -service doctors. It is not necessary to extract all the relevant portions of the brochure which already stand extracted in the impugned judgement. Suffice to say that in service employees were required to complete four years of service in very difficult (Category 'D') area or six years of service in difficult area (Category 'C') or on an appropriate combination of both and in case of candidates who had completed five years of service as on 01.01.2012, they should have completed two years' service in 'most difficult area' or three years' service in 'difficult area'.
(3.) THE appellant laid a claim to NOC for admission in 60% quota meant for in service PCMS doctors on the criteria of having cleared the probation and served for four years in very difficult area (Category 'D') as notified on 31.01.2011. This in turn was predicated on the plea of having rendered more than four years and nine months' service in Subsidiary Health Centres, Daggan and Kang respectively which were entitled to be considered as 'more difficult areas'. The appellant was, however, not given this benefit, but the period was treated as having served in 'rural area' being Category 'C' which resulted in the appellant filing a writ petition under Article 226 of the Constitution of India which has been dismissed by the impugned order dated 30.08.2013.;