HC order on bonus marks comes as setback for government doctors

JAIPUR: A high court’s order has come as setback for government doctors, who have passed MBBS and are aspiring to get admission in PG courses. The high court in the order mentioned, “bonus marks as incentive based on service in rural areas for admission to PG medical courses cannot therefore be granted.”
Hearing a petition, justice Alok Sharma issued orders on March 15.The state government grants incentive marks to its MBBS in-service doctors for serving in rural, remote or difficult areas. The question before the court arises was that whether there was any objective criterion and material in regard thereto before the state government/competent authority, on the basis of which it identified remote and / or difficult or rural areas, on service where the in-service candidates would be entitled to bonus marks by way of incentives and whether following such identification, the places identified were notified by the state government/competent authority.
The court observed that from the facts of the case, “It is apparent that neither did the state government/ competent authority identify remote and/or rural areas on the basis of any objective criteria subsequent to the amendment of regulation 9(IV) of the Regulations of 200 effective April 5, 2018 nor could it at all notify or did notify such identified areas,” says, the order.
“I would allow this petition and restrain the respondents— state government from granting any benefit of bonus marks as incentive to in-service candidates on the basis of their service in rural areas for the purposes of determining their merit at the NEET PG 2019 examination for admissions into PG medical courses.”
However, there is some hope for the government doctors. “The respondent — the state government however, shall be free to form a committee of experts for the purposes of identifying rural areas on the basis of objective criterion analogous to criterion detailed by the Apex Court in its judgement in the case of state of Haryana and Anr. Versus Dr Narendra Soni and others and for grant of bonus marks thereon as an incentive to in-service candidates for admissions into PG medical courses,” says the order.
Also, the high court further said, “The expert committee shall also be free to determine the extent of incentive for service in different rural areas as it may identify. It is however made clear that the notified calendar for the admission to PG medical courses shall not be obstructed in any manner by the constitution of the expert committee for identifying and notifying rural areas for grant of bonus marks as incentive to in-service candidates for admission to PG medical courses,” says, the order.
The concerned government doctors have now decided to move double bench of high court challenging the single bench order. “Today (Monday) we met minister of state (MoS) for health Subhash Garg for help from the government. We have appealed to the government to form the expert committee as directed by the High Court so that we will get the bonus marks as incentives for getting admissions in PG medical courses,” said Dr Sunil Harsh, one of the members of doctors representatives who met MoS for health.