Abhishek Sharma S/O Shri Suresh ... vs Chairman, Neet Pg ...
2022 Latest Caselaw 6746 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 14411/2022

Abhishek Sharma S/o Shri Suresh Chand Sharma, Aged About
25 Years, R/o Bad Walo Ki Dhani, Taleda Jamat, Tehsil Lalsot,
District Dausa (Raj.)
                                                                   ----Petitioner
                                   Versus
1.     Chairman, NEET PG Admission/Counseling Board- 2022,
       Government Dental College (RUHS College of Dental
       Sciences), Subhash Nagar, Behind PB Hospital, Jaipur.
2.     State of Rajasthan, Through Its Principal Secretary,
       Department Of Medical And Health, Secretariat, Jaipur.
3.     Director, Medical And Health Services, Swasthya Bhawan,
       Tilak Marg, Jaipur.
4.     Chief Medical And Health Officer, Karauli.
                                                                ----Respondents

For Petitioner(s) : Mr. Amit Jindal, Adv. with Ms.Neetu Bhansali, Adv.

For Respondent(s) : Dr. V.B.Sharma, AAG with Mr.Harshal Tholia, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

18/10/2022

The instant writ petition has been filed by the petitioner

seeking a direction to forward the application form of the

petitioner for award of bonus marks while serving in rural area.

The petitioner further seeks a declaration that service rendered by

him at Community Health Centre (hereinafter as 'the CHC') Kaila

Devi and CHC Shri Mahaveer Ji may be treated as a rural service

and accordingly the petitioner be granted 10% bonus marks as

per notification dated 18.05.2022.

(2 of 9) [CW-14411/2022]

Learned counsel-Mr. Amit Jindal appearing for the petitioner

submitted that the petitioner initially came to be appointed as

Medical Officer by an order dated 17.12.2020 and he was given

posting at CHC Kailadevi, District Karauli. The petitioner joined at

the aforesaid post on 23.12.2020. The respondents issued an

order on 14.08.2021, whereby the petitioner was transferred to

CHC Shri Mahaveer Ji, District Karauli on account of adjustment of

some other person. The petitioner submitted his joining at CHC

Shri Mahaveer Ji and started working there.

Learned counsel submitted that the respondents issued a

notification dated 28.06.2021, whereby different Remote Difficult

& Rural Areas were notified and certain Community Health Centres

and Primary Health Centres were removed from such list.

Learned counsel submitted that in the meanwhile, the

respondents conducted the NEET PG Examination and since the

petitioner was eligible to participate in the said exam, he filled the

requisite application form and appeared in the examination on due

date.

Learned counsel submitted that on declaration of result of

NEET PG 2022, the petitioner secured 525 marks out of total 800

marks.

Learned counsel submitted that the respondents issued a

notification on 18.05.2022, in compliance of the order passed by

the Apex Court in the case of Dr. Amit Bagra Vs. State of

Rajasthan and Ors., whereby medical institutes, PHC & CHC

were added in the list of remote/difficult/rural area.

Learned counsel submitted that name of CHC Shri Mahaveer

Ji was mentioned at Serial No.10 in the second list by which name

(3 of 9) [CW-14411/2022]

was amended and it was mentioned that now CHC Shri Mahaveer

Ji will be known as PHC Gadmora.

Learned counsel submitted that an application was filed by

the petitioner for award of bonus marks as he had worked at CHC,

Kaila Devi and CHC Shri Mahaveer Ji, and the Controlling Officer of

the petitioner has forwarded his application, which has been filed

as Annexures 6 & 7 with the writ petition.

Learned counsel submitted that in spite of submitting

application by the petitioner, his case was not forwarded to the

Competent Authority because of the fact that he has not

completed more than one year of service in the rural area.

Learned counsel further submitted that final notification

dated 18.05.2022, was issued by the respondents, whereby three

different tables were provided in the said notification.

Learned counsel submitted that the first table was in respect

of those Medical Institutions which were added in

Remote/Difficult/Rural category. The second table belongs to those

Medical Institutions, whose name were changed and in the said

table, name of CHC Shri Mahaveer Ji was mentioned as changed

to PHC Gadmora.

Learned counsel submitted that the third table was in respect

of those Medical Institutions whose names were removed from the

list of Remote/Difficult/Rural area wherein the name of CHC Shri

Mahaveer Ji was not included and as such, the State Authorities

were considering CHC Shri Mahaveer Ji in rural area.

Learned counsel submitted that the respondents in spite of

issuance of final Notification dated 18.05.2022, did not take into

account the services rendered by the petitioner in rural area and

as such, they have illegally deprived the petitioner for grant of

(4 of 9) [CW-14411/2022]

bonus marks of 10%, whereas he has rendered services in rural

area from 14.08.2021 to 13.08.2022.

Learned counsel submitted that the respondents have not

considered the case of the petitioner for awarding him bonus

marks only on the premise that the name of the place where the

petitioner was working i.e. CHC Shri Mahaveer Ji was later on

changed as PHC Gadmora.

Learned counsel submitted that once the final Notification

dated 18.05.2022, did not delete the name of Shri Mahaveer Ji

from the list of the rural area, the respondents could not have

denied benefit to the petitioner for award of bonus marks.

Learned counsel further submitted that the respondents

though have filed reply to the writ petition and stated that Shri

Mahaveer Ji was converted into Tehsil by the Notification dated

28.06.2021, however, the conversion of the place i.e. Shri

Mahaveer Ji from Sub-Tehsil to Tehsil by notification dated

28.06.2021, will not deprive the petitioner from award of bonus

marks, as the final Notification did not reflect Shri Mahaveer Ji, as

a place not falling in the rural area.

Learned counsel further submitted that the respondents also

cannot deny benefit of rural service to the petitioner on account of

not getting the rural allowance, as the petitioner during the

probation period was not paid rural allowance, however, his

services in rural area is required to be taken into account for the

purpose of award of bonus marks.

Learned counsel submitted that the issue relating to issuance

of final Notification dated 18.05.2022, has already been

considered by this Court in S.B. Civil Writ Petition

No.10023/2022 (Dr. Navita Kumawat Vs. State of

(5 of 9) [CW-14411/2022]

Rajasthan & Ors.). Learned counsel, on the strength of the said

judgment submitted that even if there is some administrative

lapse on the part of the respondents by not mentioning the correct

details in the final notification of Rural/Difficult/Remote area, the

same cannot result into any prejudice to a candidate for getting

the benefit of bonus marks.

Learned counsel-Mr. Harshal Tholia appearing for the

respondents submitted that the petitioner is not entitled for award

of any bonus marks.

Learned counsel submitted that the requisite information was

sought by the Director, Medical & Health Service from different

Controlling Officers in respect of the places, where

Rural/Difficult/Remote areas were to be provided for award of

bonus marks.

Learned counsel submitted that in pursuance of the

Notification dated 14.04.2020, issued by the State Government,

the relevant information was sought from CMHO the Karauli and

the, CMHO Karauli had sent the information to the Controlling

Officer suggesting to substitute the Community Health Centre Shri

Mahaveer Ji to Primary Health Centre, Gadmora.

Learned counsel submitted that the respondents, if on

account of some mistake, could not correct the final Notification

dt.18.05.2022, the same may not result into giving any benefit to

the petitioner and if any mistake has been committed at

administrative level, the Authorities are always free to take

appropriate action against such erring official.

Learned counsel submitted that on account of inadvertent

mistake committed by any official, no substantial right can be

claimed by the petitioner for grant of bonus marks.

(6 of 9) [CW-14411/2022]

Learned counsel further submitted that the decision to

convert sub-Tehsil Mahaveer Ji, District Karauli into Tehsil

Mahaveer Ji, District Karauli was taken way back in June, 2021

and if due to any administrative lapse, the order could not be

amended in final Notification, the same should not result into

giving any benefit to the petitioner.

Learned counsel further submitted that as far as CHC Shri

Mahaveer Ji in District Karauli is concerned, there are no two

different PHC at Gadmora and only name has been changed and

the fact remains that now CHC Mahaveer Ji is in urban area and as

such, the petitioner only by changing of name of CHC Mahaveer Ji

to PHC Gadmora cannot get the benefit of bonus marks and it is

the actual experience of service rendered in the rural area which

makes the person entitled for grant of bonus mark and if

petitioner is working in CHC Mahaveer Ji which is removed from

the list of rural area, the benefit cannot be extended to him.

Learned counsel for the respondents submitted that as far as

reliance on the judgment passed by this Court in the case of Dr.

Navita Kumawat Vs. State of Rajasthan & Ors (supra) is

concerned, the same has no relevance in the present facts of the

case. Learned counsel submitted that this Court in the case of Dr.

Navita Kumawat Vs. State of Rajasthan & Ors (supra) has not

considered the issue of change of name of Community Health

Centre and as such, no benefit can be given to the petitioner.

I have heard the submissions made by learned counsel for

the parties and perused the material available on record.

This Court finds that working of the petitioner in rural area is

by virtue of his posting in the rural area and as such, the

respondents while passing the order of posting of the petitioner,

(7 of 9) [CW-14411/2022]

posted him initially at CHC Kaila Devi and later on by an order

dated 14.08.2021, the petitioner came to be posted at CHC

Mahaveer Ji.

This Court finds that as far as CHC Mahaveer Ji is concerned,

the same has not been removed from the list of rural areas as was

defined in the first Notification dated 14.04.2020 issued by the

respondents where complete list was given of different places

where benefit was to be accorded to the persons who are working

in rural areas. The bare perusal of notification dated 14.04.2020

shows Community Health Centre Shri Mahaveer Ji at Serial

No.160. The respondents while issuing subsequent notifications

have also kept in mind the initial Notification dated 14.04.2020

and from time to time they issued different notifications of

deleting/including different places in the list of Community Health

Centres, whereby people are held entitled for grant of bonus

marks.

This Court finds little substance in the submissions made by

learned counsel for the respondents that on account of inadvertent

mistake committed on behalf of the respondents, of not notifying

the name of CHC Shri Mahaveer Ji & deleting the said place from

the list published on 14.05.2020 and in the subsequent

notifications, as such, the petitioner is not entitled for grant of the

benefit of bonus marks, this argument is noted to be rejected.

Once the final Notification dated 18.05.2022 was issued by the

State Government, it was incumbent on the State Authorities to

take care of the places against which the in-service Doctors, were

entitled for grant of bonus marks.

The submission of learned counsel for the respondents that

no substantial right is created in favour of the petitioner as the

(8 of 9) [CW-14411/2022]

inadvertent mistake made by the erring Official would not result

into giving any valuable right in favour of the petitioner, this Court

finds that the State Authorities if had taken a decision earlier to

convert Shri Mahaveer Ji from sub-Tehsil to Tehsil way back in

June, 2021, the necessary follow up action should have been

taken and accordingly, the place i.e. Shri Mahaveer Ji, if falls in

Tehsil area, such place should have been omitted from the list of

the places, where benefit of bonus marks was to be given.

The submission of learned counsel for the respondents that

since the petitioner has not been granted rural allowance and

notification was issued by the Department of Personnel dated

28.04.2017, whereby the rural area was defined as a place other

than Tehsil Headquarter and which was not a municipal town,

there is no dispute on the legal position of law that a person who

is posted in rural area is required to be paid the rural allowance.

This Court finds that the probationers who are posted in rural

area are not getting rural allowance and as such, if the petitioner

was posted during his probation period in the rural area, the State

Government cannot be permitted to take the stand that since the

petitioner was not paid the rural allowance, he will not get the

benefit desired by him.

This Court had an occasion to deal with the issue of the

Notification dated 18.05.2022, issued by the State Government for

award of bonus marks to the different in-service candidates. This

Court in the case of Dr. Navita Kumawat Vs. State of Rajasthan &

Ors. (supra) has already held that the Authorities had to take due

care in publishing the Notification and if any mistake is committed

by the respondents, then the same should not result into

depriving the candidate from getting the benefit.

(9 of 9) [CW-14411/2022]

This Court finds that the respondents have acted in an

arbitrary manner in depriving the petitioner from getting the

bonus marks for rendering services in rural area.

Accordingly, this Court allows the present writ petition and

the respondents are directed to take into account the rural service

rendered by the petitioner at CHC Shri Mahaveer Ji from

14.08.2021 till 30.04.2022. The necessary and appropriate orders

may be issued by the respondents within a period of two days, as

the second round of counselling is going to be started very shortly.

However, it is made clear that the petitioner on account of

passing of the present order, will only be permitted to participate

in the second round of counselling.

(ASHOK KUMAR GAUR), J

Ramesh Vaishnav /86/Monika

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