NEET-PG : Supreme Court To Consider Validity Of West Bengal Condition Of 3 Years Minimum Service In Remote Areas For In-Service Quota
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The Supreme Court on Friday issued notice on the plea of 4 doctors challenging the West Bengal state notification of October, 2021 extending the condition of three years' minimum service in remote/difficult/ rural areas for being considered as eligible for the in-service quota.The effect of the notification is that for availing of state quota seats in post- graduate medical courses,...
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The Supreme Court on Friday issued notice on the plea of 4 doctors challenging the West Bengal state notification of October, 2021 extending the condition of three years' minimum service in remote/difficult/ rural areas for being considered as eligible for the in-service quota.
The effect of the notification is that for availing of state quota seats in post- graduate medical courses, the in-service candidates would be required to serve in rural/ remote/difficult areas for a minimum of three years as on April 30 of the academic year for being considered as eligible for the benefits of reservation of 40% of the seats in the state government/private colleges in West Bengal. The petitioners are graduate doctors who are serving as Medical Officers in different hospitals in the state and have all qualified in the NEET-PG Examination, 2021.
The bench of Justices D. Y. Chandrachud and Surya Kant was hearing an SLP against the January 18 order of the Single Judge of the Calcutta High Court on a writ petition where, as recorded in the impugned order, "the essential challenge is of notification dated 8th October, 2021 which, according to the petitioners, has extended the condition of three years' minimum service in remote/difficult/ rural areas for in service quota which according to the petitioners was not part of the rules or the Supreme Court order". The Single Judge had disposed off the writ petition by passing the following order-"There is no scope for any interim order at this stage. However, on the prayer of the learned counsel appearing of the petitioners, let the representation made by the petitioners to the Special Secretary, Department of Health and Family Welfare and received by the latter on 30th December, 2021 be considered by the recipient of the representation by disposing of the reasoned order. The reasoned order shall be passed within two weeks from the date of communication of this order upon hearing all relevant parties. A copy of the reasoned order shall be made available to the petitioners within four days from the date on which such reasoned order is passed."
On February 14, a division bench of the High Court dismissed as non-maintainable the appeal against the Single Judge's order.
At the outset, on Friday, Justice Chandrachud observed, "The experience has been that the doctors go abroad and the government is left to filing suits for invoking the bond (for service in rural, remote, difficult areas). The government has spent money on you. The states are, therefore, now saying that you must first serve. It is in public interest that you serve in these areas."
Senior Advocate Gopal Sankaranarayanan urged, "Then I should have been told prior to the examination. Not after I have taken the examination, after I have slogged for the examination."
The bench then issued notice on the SLP, initially returnable in 2 weeks.
When Mr. Sankaranarayanan prayed that the bench grant protection to the 4 petitioners in the meantime, the bench decided to take up the matter earlier. "We will give a short date. We will make the notice returnable in 1 week. We will also give you dasti", said Justice Chandrachud.
Case Title: Moitreyee Chowdhury and Ors. v. State Of West Bengal and Ors.