Excelsior Correspondent
Srinagar, May 26: The High Court directed the authorities to grant a doctor benefit of weightage of marks for serving in difficult area in order to make his admission to Post Graduate course.
Rejecting the claim of authorities that the serving of petitioner in remote and difficult area is not classified in SRO 201 of 2006, the court of Acting Chief Justice Alok Aradhe directed the authorities to accord benefit of weightage of marks to the petitioner for serving in inaccessible area for two years.
Respondents in opposition to the claim of petitioner, submitted that the said SRO defines only for the purpose of compensatory allowance/ border allowance and not for serving of remote areas.
Petitioner had approached the court with the plea that since he has served in PHC Sangerwani, district Shopian and be included in SRO 201 so that he be entitled to weightage of marks on the basis of his two years’ service in difficult and remote area.
Court after directing for accord consideration of his claim directed the authorities to take a decision with regard to his eligibility for admission to the course in question.
Court after hearing both the sides observed that Public Health Center, Sangerwani, district Shopian has been defined to be an inaccessible area and the petitioner has remained posted there for two years, therefore, is entitled to weightage of marks by taking into account his service in a difficult/ inaccessible area for two years.
So far as the contention of respondents that the case of the petitioner does not fall in SRO 201 of 2006 is concerned, court said the Article 41-B of J&K Civil Services Regulations has been inserted, which provides that compensatory allowance/ border allowance shall be allowed to the Government servants at the rates given as provided in the said article.
While passing directions, court said, that it is well settled in law that regulations framed by Medical Council of India under Section 33 of the Medical Council of India Act, 1956 have statutory force and are binding on the State Government.
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