Excelsior Correspondent
JAMMU, May 6: Division Bench of the State High Court comprising Justice Alok Aradhe and Justice Tashi Rabstan has stayed the operation of judgment passed by Single Judge whereby NRHM doctors were held eligible for benefits of Regulation 9 of the Medical Council of India (MCI) Regulations.
The judgment dated April 26, 2017 was challenged by the State before the Division Bench on the ground that proviso to Regulation 9 of the MCI Regulations does not apply to the fact situation of the case as the State Government has not defined the notified areas.
The respondents being the local candidates were employed in view of SRO 401 dated 29.12.2009. It was, further, submitted that the proviso to Regulation 9 provides that weight-age of the marks may be given by the Government/ competent authority to in-service candidates of Government/ public authority.
“Regulations did not define public authority and the private respondents who were employed by the National Rural Health Mission do not fall within the ambit of public authority”, Advocate General Jehangir Iqbal Ganai said, adding “in the absence of notification of the difficult area, the proviso to Regulation 9 has not come into existence”.
After considering the arguments, the DB observed, “the Supreme Court in the case of State of UP and Others Versus Dr Dinesh Singh Chouhan has inter alia held that proviso to Regulation 9 does not envisage reservation for in-service candidates but only postulates giving weightage of marks to the specified in-service candidates who have worked in notified, remote or difficult areas in the State”.
“Admittedly, in the instant case, the State Government has not defined the difficult areas as prescribed in proviso to Regulation 9 of the Regulations”, the DB said while staying the operation of the judgment passed by the Single Judge.
Follow our WhatsApp channel