RAJESH SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners are serving doctors (General Duty Officers), 'GDOs' for short, have filed the present writ petition praying that they be given the benefit of preferential marks to be awarded in terms of the Regulations of Medical Council of India known as Postgraduate Medical Education Regulations, 2000.2. Bereft of details, the case of the petitioners is that according to the proviso to clause-9, which was inserted in 2012, they should be granted incentives in the award of marks obtained by them in the Entrance Examination to Postgraduate subjects in Medicines, which examination was conducted by the National Board. The proviso inserted in the Regulations in 2012, relied upon by them, reads:-

(2.) It is undisputed before us that the examination is conducted by the National Board which is not a party to these proceedings. It is also undisputed that the petitioners herein are in-service candidates have served in various tribal/hard areas.

(3.) Before proceeding with the case further, we note that in Himachal Pradesh, 50% of the seats are reserved to be filled in by All India Competitive Examination and 50% by the State out of which 66.66% are reserved for in-service candidates. It is over and above this preferential treatment that the petitioners pray that incentive at the rate of 10% to 30% of addition in the marks for each year of service in remote and difficult areas up to maximum 30% of the marks be added to the award by the National Board.