The Uttarakhand Nainital High Court’s Order on 21st Nov 2024 ruled that contractual doctors serving under MBBS bonds are ineligible for weightage in PG medical admissions, as the incentive under MCI Regulation 9(IV) applies only to regular government doctors voluntarily serving in remote areas. The earlier judgment granting such weightage was overturned.
The case was presided over by Hon’ble Acting Chief Justice Mr. Manoj Kumar Tiwari and Hon’ble Justice Vivek Bharti Sharma, involved the appellant Hemwati Nandan Bahuguna Uttarakhand Medical Education University challenging a previous ruling in favor of Dr. Mohit Goyal and others.
Key Arguments
Non-eligibility of Contractual Doctors:
The weightage benefit is available only to regular government doctors under the Provincial Medical and Health Services (PMHS), as per the regulations. The petitioners were engaged on a contractual basis and were not regular PMHS members. Their contracts had ended before the PG counseling process began.
The respondents served in remote areas as part of a mandatory bond executed during MBBS admissions and not voluntarily. Hence, their service does not qualify for the weightage incentive under Regulation 9(IV).
A state order of 2018 restricts weightage to regular PMHS officers, further disqualifying the petitioners.
Respondents’ Counterargument:
In 2023, similar contractual doctors were granted weightage. Denying the same in 2024 is discriminatory. They fulfilled the required service in remote/difficult areas as defined by the state and thus qualify for the incentive. The doctors’ had requested contract extensions, which were not acted upon, and this inaction should not disqualify them.
We spoke to a student regarding the issue. Dr. Inder Dhillon, a NEET PG aspirant from Uttarakhand, shared her frustration: “This is totally discriminatory. First, they asked us to arrange all the documents for receiving the incentives, which led us to run from pillar to post. We even planned our counseling strategies based on those incentives. Now, they are outright denying them. My dreams feel shattered.”
Final Judgement
The Uttarakhand High Court interpreted Regulation 9(IV) to clarify that weightage for service in remote or difficult areas is an incentive for voluntary service and does not apply to mandatory service under MBBS bond obligations.
Contractual doctors, not being regular employees, fall outside the regulation’s scope. The court cited the precedent set in the Dr. Darshana Gaira Case (2017), which ruled that contractual doctors under bond conditions are not entitled to weightage for PG admissions.
The respondents’ claim of discrimination, based on a similar benefit granted in 2023, was rejected as their circumstances differed. Consequently, the earlier judgment by the Single Judge was overturned, and the special appeal was allowed, deeming the respondents ineligible for the weightage benefit.
The Medical Bulletin
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