Lawstreet Journal

Patna HC Raps Bihar Govt For Not Incentivizing Doctors in Rural Areas; Holds, Posting Doctors in Urban Areas Only Perpetuates Vested Interests [READ ORDER]

Lawstreet Journal 2 Jun 2020 7:51pm

Image courtesy: Lawstreet Journal Judiciary Patna HC Raps Bihar Govt For Not Incentivizing Doctors in Rural Areas; Holds, Posting Doctors in Urban Areas Only Perpetuates Vested Interests [READ ORDER]

On May 28, 2020, a Division Bench of the Chief Justice Sanjay Karol and Justice S. Kumar of the High Court of Judicature at Patna in Letters Patent Appeal taking note of the disproportionately high number of doctor vacancies in rural areas, directed the Chief Secretary to fill up doctor vacancies in rural areas and difficult terrains, either through transfers or recruitments “to the maximum extent possible.

 

Factual Background: 

The Indian Medical Council Act, 1956 (the IMC Act) inter alia provides for securing uniform standards of post-graduate medical education throughout India. Sections 20 and 33 of the Act empowers and enables the Medical Council of India (MCI) frame Regulations prescribing a standard of Post Graduate Medical Education. Such Regulations framed by MCI are statutory in character and binding on all Universities and Colleges.

By virtue of the provisions of the IMC Act, the MCI had framed Regulations and notified vide Notification No.MCI-18(1)/2010-Mad/62052 dated February 15, 2012. Regulation 9(IV) and 9(VII) of the notification is of interest, which is produced here below: 

9(IV). Provided that in determining the merit of candidates who are in service of Government/public authority, weightage in the marks may be given by the Government/Competent Authority as an incentive at the rate of 10% of the marks obtained for each year of service in remote and/or difficult areas up to the maximum of 30% of the marks obtained in National Eligibility –cum- Entrance Test. The remote and difficult areas shall be as defined by State Government/Competent authority from time to time.

9(VII). 50% of… Continue Reading...


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