NEET PG: Minimum 3 years of Permanent service required to be considered as in-service candidate, rules Bombay HC

Aurangabad: Stating that temporary service cannot be counted while determining the eligibility of a medical officer to appear as an in-service candidate in the National Eligibility-cum-Entrance Test Postgraduate (NEET-PG) admissions, the Bombay High Court recently reiterated that a minimum of three years of permanent service is mandatory for being considered as in-service NEET-PG candidates.

Referring to the provisions of government resolution (GR) on ‘Regulation For Selection of In-Service Medical Officers from the cadre of Maharashtra Medical and Health Services Group - A for Post Graduate Degree and Diploma Courses', the Aurangabad bench of HC noted, "Unlike clause 5.2 which admits of even a temporary tenure to be counted for allotment of grace marks, clause 4.2 expressly lays down that for counting the minimum service of 3 years as the eligibility criterion, the service rendered on temporary basis will not be counted."

This observation was made by the HC bench of Justice Mangesh S Patil and Justice SG Chapalgaonkar while considering a plea filed by a doctor seeking in-service candidate status for the NEET PG 2023 examination.

The petitioner doctor was appointed as a Medical Officer Class-I on a temporary basis at Rural Health Training Center, Paithan on 01.06.2016. He was granted a permanent appointment and posting after completing 5 years at the PHC, Paithan, effective from July 1, 2021. Consequently, he joined the post on July 13, 2021.

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Having worked for more than three years, the doctor approached the authorities seeking a no objection certificate (NOC) to appear as an in-service candidate in NEET PG 2023. However, his application was rejected. Thereafter, he approached the HC bench challenging the order refusing to give him the NOC.

It was submitted by the doctor that he appeared in the NEET PG 2023 examination and secured 277 marks and was entitled to additional 30% marks pursuant to the Government resolution 19.02.2019.

The counsel for the doctor argued that the service rendered in such remote and difficult areas is to be counted for grant of grace marks even if it was on a temporary basis. Referring to the fact that the doctor rendered the services initially on temporary basis for a period of 5 years, and was made permanent again in the rural area, the doctor's counsel argued that he is entitled to tag both these services for claiming the benefit under Clause 5.2.

On the other hand, Additional Government Pleader for the State argued that in order to be allowed the grant of grace marks, the regulation stipulates that even temporary service put in the rural areas can be counted to make up 3 years.

He further submitted that no such temporary tenure can be counted while applying clause 4 which requires a candidate to put in 3 years of service in the permanent cadre. Service rendered by him on temporary basis cannot be made up to find his eligibility under clause 4, submitted the Government Pleader. 

The AGP further submitted that in defiance to the mandatory requirement of obtaining permission from the superior as contemplated under clause 4.1, the petitioner, on his own, appeared for the NEET PG 2023 without being eligible.

While considering the matter, the bench noted that it was an undisputed fact that the petitioner doctor put in 5 years of temporary posting at the Rural Health Centre and therefore was given a permanent posting.  

Referring to this, the HC bench observed,

"Therefore, admittedly, he has not completed 3 years of service on a permanent post. This is the precise reason quoted in the impugned order / communication refusing him permission to appear for the NEET-PG2023 as an in-service candidate. Even his communication dated 10-01-2023 (Exhibit - E) mentions that as on the date of that application he had barely put in just more than 1 year of service in the permanent cadre."

The Court perused the GR dated 19.03.2019 and noted that Clause 4 lays down the conditions / criterion for getting admitted for such PG diploma or degree course. Clause 4.1 reads that prior permission of Deputy Director of Health Services of the Division is necessary to appear for such examination. Candidates who appear for examination without permission will not be relieved for completing the course. Clause 4.2 then states that the Medical Officer should have been selected in a regular selection process and must have completed minimum 3 years of service in the regular appointment excluding the service rendered under the bond period or as a temporary or contractual service.

Clause 5 of the GR deals with the grant of grace marks/ additional marks for serving in the rural and difficult areas. Clause 5.2 lays down that a candidate would be entitled to such grace marks / additional marks for having put in service in the rural and difficult areas proportionate to the number of years of such service. It specifically lays down that while counting such years of service even the service rendered on temporary basis would be admissible for grant of grace marks. The rest of the clauses further lay down the modalities and entitlement of different candidates, noted the bench.

Taking note of the relevant clauses of the GR, the bench clarified that while clause 4 addresses the eligibility of a candidate for appearing as an in-service candidate, clause 5 addresses the grant of grace marks.

"For being eligible to appear for the examination a candidate must have put in 3 years of service in regular cadre as has been laid down in clause 4.2 whereas once having appeared for the examination having been found eligible and after obtaining the permission as contemplated under clause 4.1, by virtue of clause 5.2 such candidate would be entitled to grace marks and the years of service is to be counted including that is rendered in rural and difficult areas in addition to the regular employment," observed the bench.

With this observation, the bench denied him the grace marks awarded to the in-service candidates and noted,

"When admittedly, the petitioner has not put in 3 years of service in the regular cadre and had even not obtained previous permission under clauses 4.2 and 4.1, respectively, the question of grant of grace marks to him under clause 5.2 will not arise, even though he has gone ahead and appeared for the NEET-PG-2023."

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/bombay-hc-order-214244.pdf

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