ALOK SHARMA, J. - (1.) Admission to Post Graduate (Medical) course in various branches are governed by the Post Graduate Medical Education Regulations, 2000 (hereafter 'the Regulations of 2000'), as amended from time to time. They are a complete code in themselves.
(2.) Regulation 9(IV) of the Regulations of 2000 effective 5.4.2018 which is relevant to adjudicate the issue agitated in this petition reads as under:- "The reservation of seats in medical colleges/institutions for respective categories shall be as per applicable laws prevailing in States/ Union Territories. An all India merit list as well as State-wise merit list of eligible candidates shall be prepared on the basis of the marks obtained in National Eligibility-cum- Entrance Test and candidates shall be admitted to Post-graduate courses from the said merit lists only. 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 upto 10% of the marks obtained for each year of service in remote and / or difficult areas or Rural areas upto maximum of 30% of the marks obtained in National Eligibility - cum - Entrance Test. The remote and / or difficult areas or Rural areas shall be as notified by the State Government / Competent authority from time to time."
(3.) The case of the petitioners as argued by Shri Rajendra Prasad, Senior Counsel, with Mr. Kushagra Sharma and Ms. Purvi Mathur is that they passed MBBS and are qualified to seek admission in Post Graduate (Medical) courses. For this purpose they participated in the National Eligibility Entrance Test 2019 (NEET PG 2019) and have passed therein but their overall merit relevant to the choice of College and branch in PG (Medical) will however be determined after adding of bonus marks as an incentive under Regulation 9(IV) of the Regulations of 2000 to candidates who subsequent to having graduated in Medicine (MBBS) have served three years as regular employees with the government / public authority (in-service candidates) in difficult and / or remote or Rural areas. It has been submitted that however the incentive of bonus marks over the NEET PG 2019 marks to in-service candidates under the proviso to Regulation 9 (IV) for determining their merit can only be permissible and legally sustainable if the State Government / competent authority had notified difficult and / or remote or rural areas afresh following the amendment of 5.4.2018 to the proviso to Regulation 9 (IV) of the Regulations of 2000 after identification with reference to the criterion laid by the Apex Court in its various judgments. No such identification has been done or notification has been issued by the State Government and its reliance as the earlier notification dated 28.02.2018 relating only to identifying remote and / or difficult areas prior to the amendment of 05.04.2018 is of no avail.;