Aparesh Kumar Singh, J. - (1.) Heard counsel for the petitioner and the respondents.
(2.) These two petitioners have been denied counselling despite ranking 1st and 2nd in the first merit list prepared by the Jharkhand Combined Entrance Competitive Examination Board respondent No. 4 on 8th April, 2017. The respondent No. 4 invited applications as per notice dated 17th March, 2017 (Annexure-4) for preparing State merit list and conduct of the counselling from eligible candidates who had appeared in NEET PG-2017/NEET MDS-2017 and fulfill the following eigibility criteria :- "a) The candidates must have passed MBBS/BDS Examination from any University/Medical College of Jharkhand State. OR Those candidates who are resident of Jharkhand but admitted in MBBS/BDS course from any Medical College of erstwhile undivided Bihar or admitted in the session started from 2000/creation of Jharkhand State or admitted in Medical colleges of Bihar before the creation of Jharkhand State and has passed MBBS after the division of State may also apply as per Govt. of Jharkhand notification No. 9/vividh-13-5/2012 65, Health/Ranchi, dated 7-5-2013. Those candidates who are under this provision have to produce Local/Permanent Residential Certificate issued by concerned D.C./S.D.O. (Civil) of Jharkhand State. b) The candidates must have completed the Rotating Internship or likely to complete by 31 March, 2017. Reservation :- Reservation policy of Govt. of Jharkhand will be strictly followed at the time of counselling. The benefit of reservation of B.C.-I. and B.C.-II will be given to only those B.C.-I and B.C.-II candidates who have proper caste certificate and are not under the creamy layer. Certificate issued below the rank of than Sub-Divisional Officer (Civil) or Dy. Commissioner concerned district of Jharkhand State shall not be accepted and will lead to rejection of his/her claim. The caste certificate format is available under Downloads column of the Board's official website. counselling will be held as per the letter No. 7(A) Namankar-14-1-09/226 (7A) (dated 10-6-2011, resolution No. 230(9) dated 22-12-2015 as amended resolution No. 154/Ranchi dated 11-4-2016 by Health, Medical Education and Family Welfare Department, Government of Jharkhand and judgment passed by Hon'ble Supreme Court in Civil Appeal No. 8047/16 dated 16-8-2016."
(3.) The petitioner No. 1 passed the MBBS from Nalanda Medical College, Patna under Magadh University in 2006 having enrolled in the Batch-2000 before bifurcation of the State from parent State of Bihar. Petitioner No. 2 similarly passed MBBS from Darbhanga Medical College, Lahariasarai, Darbhanga under Lalit Narayan Mithila University in the year 1996. (Certificates of MBBS enclosed as Annexure-1). It is also not in dispute that these petitioners are serving under the Government of Jharkhand and have produced certificates from the competent authority Annexure-S/3 series of having served in remote and difficult areas as notified by the State of Jharkhand under resolution dated 11th April, 2016. It is also not in dispute that these two petitioners while facing the NEET PG 2017 examination had, in the NEET PG application form, declared themselves as domicile of the State of Bihar. It is further not in dispute that under the resolution No. 3198 dated 18th April, 2016 (Para 2(iii)) Annexure-10 containing the domicile policy of the Government of Jharkhand, the competent authority/Sub-Divisional Officer, Dumri, District Giridih has issued the certificate of local residents valid for all purposes to these two petitioners on 5th February, 2017 and 9th April, 2017 respectively vide Annexure-11 series.;