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| Weightage of marks for serving difficult area: HC sets aside writ court judgment | | | Early Times Report
Jammu, Apr 30: The J&K High Court has set aside the judgment of a writ court In which the latter had directed respondents to accord to the petitioner, a doctor working on contractual basis under National Rural Health Mission (NRHM), the benefit of weightage of marks for serving in inaccessible/difficult area.
A Division Bench of the High Court comprising Justice Ali Mohammad Magrey and Justice Tashi Rabstan while allowing the appeal filed by the State, set aside the judgment of the writ court and dismissed the petition filed by Mohammad Obied Haqaq who had sought the benefit of weightage of marks for serving in inaccessible/difficult area categorised as such by the Director, Health Services, Kashmir, for a period of two years-in terms of SRO 48 of 2018 dated 30.01.2018 providing for entitlement to weightage for serving in the difficult areas as defined under notification SRO 201 of 2006 dated 15.06.2006 for admission to MD/MS/Post Graduate Diploma Courses for the academic session 2018-2019.
The High Court while setting aside the judgment of writ court observed that the government of Jammu and Kashmir, by SRO 48 dated 30.01.2018, while amending the Jammu and Kashmir Government Medical Colleges (Selection of Candidates for Post Graduation Degree and Diploma Courses) Procedure Order, 1995, substituted Clause 4-A thereof, prescribing that candidates shall be entitled to weightage for serving in the difficult areas as defined under notification SRO 201 of 2006 dated 15.06.2006 to the extent of additional 10% for each year of completed service in such areas subject to a maximum of 30% of the marks obtained in the written test; provided that each completed year of service shall mean actual service days even on ad hoc/contractual or as NRHM doctor in these areas to be certified by the Director, Health Services.
The High Court further observed that writ court has erred in holding that SRO 201 of 2006 does not define difficult or remote areas. "This SRO has to be read conjointly with the relevant provisions of the J&K CSRs mentioned therein which identify and define the difficult areas. It is to be borne in mind that the word "defined" used in proviso to Regulation 9(4) of the MCI Regulations, apart from connoting the meaning of a word or a phrase, means to having a definite outline or specification; precisely marked or stated. It is seen that SRO 201 of 2006 read with the provisions of J&K CSRs mentioned therein clearly specify, mark out and state limits of the difficult areas.
"Further, we hold that the learned single judge has also erred in relying on the categorization of certain areas made by the Director, Health Services, Kashmir, entitling the doctors posted in such areas to monetary incentives mentioned therein, for purposes of the benefit of the weightage envisaged and mandated by proviso to Regulation 9(4) of the MCI Regulations read with Clause 4-A of the Jammu and Kashmir Government Medical Colleges (Selection of Candidates for Post Graduation Degree and Diploma Courses) Procedure Order, 1995. In fact, it amounts to reading something or adding something in SRO 201 of 2006 and the relevant provisions of the J&K CSRs mentioned therein which otherwise does not exist therein." |
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