Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 28066 (JHR)

SMITA BHARATI v. THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY,

WPC/6105/2024 · 2025-01-23

Deepak Roshan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6105 of 2024 Smita Bharati, age about 25 years, D/o Pravin Kumar, R/o Quarter No.-2224, Sector 4/G Bokaro Steel City, Sector-IV, PO+PS-Bokaro Steel City, Dist.- Bokaro (Jharkhand) ... … Petitioner Versus 1. The State of Jharkhand through Chief Secretary, Government of Jharkhand, having Office at Project Building, Dhurwa, PO-Dhurwa, PS- Jagarnathpur, District-Ranchi 2. Secretary, Department of Health, Medical Education & Family Welfare, Govt. of Jharkhand, having office at Nepal House, Doranda, PO+PS- Doranda, District-Ranchi 3. Secretary, Jharkhand Staff Selection Commission, Office at Science and Technology Campus, Sirkha Tola, Namkum, Tupudana Road, PO+PS- Namkum, Ranchi 4. Dy. Controller of Examination, Jharkhand Combined Entrance Competitive Examination Board, office at Science and Technology Campus, Sirkha Tola, Namkum, Tupudana Road, PO+PS-Namkum, Ranchi … … Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner : Mr. Sanjay Kumar Thakur, Advocate For the State : Mr. Sahbaj Akhtar, AC to AAG-III Order No. 09 /Dated: 23rd January 2025 The instant writ application has been preferred by the petitioner praying for a direction upon the respondent-authorities to consider the candidature of the petitioner for selection process in PG course (NEET-PG 2024) as the petitioner had already completed MBBS course from Kalinga Institute of Medical Science (KIMS) under Kalinga Institute of Industrial Technology (KIIT) University, Bhubaneshwar, Odisha in the year 2023. 2. Learned counsel for the petitioner submits that after completion of MBBS degree from Kalinga Institute of Medical Science, Bhubaneshwar in the year 2023, she had also completed one year Compulsory Rotating Medical Internship under the Permanent Registration No. 32445/2024 dated 08.05.2024 from Odisha Council of Medical Registration, Bhubaneshwar. 2 The grievance of the petitioner is that since she is original resident of Jharkhand as such, she should get the State quota in the State of Jharkhand. Learned counsel for the petitioner draws attention of this Court towards Annexure-8 which is the advertisement notice for registration for Post Graduate Medical State Quota seats on the basis of NEET PG-2024 result and submits that since the petitioner had completed all her educational career except Medical in the State of Jharkhand; as such she is entitled for the State quota. 3. Learned counsel for the respondent-State submits that since the petitioner has done medical from Odisha as such no relief can be granted to the petitioner. 4. Annexure-8 to the writ application, which is the notice regarding online registration for the Post Graduate Medical State Quota seats on the basis of NEET-PG-2024 result, reads as follows: “a) The Candidates who have passed MBBS from any medical institute/college of Jharkhand State or those who are residents of Jharkhand State and had been admitted in MBBS course in Medical/Dental colleges of Bihar in session starting from the formation of the Jharkhand state or before the creation of the Jharkhand state and have passed MBBS from such colleges are eligible for admission in PG course in Medical College/Institute of the State as per Govt. of Jharkhand Notification No.9/Namankan 02/2022-582 (9), Health/Ranchi, dated- 21.11.2022. It will be mandatory for them to produce Local Resident certificate issued by C.O./S.D.O. (Civil)/D.C of the Jharkhand State. b) Local Resident of Jharkhand state and serving Doctors in the State Government, even if they have passed MBBS examination from Medical College/Institute situated outside the state are eligible for admission on State Quota of PG seats. It will be mandatory for them to produce Local Resident certificate issued by C.O/S.D.O. (Civil)/D.C. of the Jharkhand State. c) Candidate must have Permanent/ Temporary Registration from NMC or Jharkhand State Medical Council. Even in case of Temporary Registration, they will be eligible for admission in PG course, but it will be mandatory for them to get Permanent Registration by the last date of admission otherwise the admission of the candidate will be cancelled. d)The candidate must have completed the Rotating Internship by 15 Aug, 2024.” 5. By bare perusal of Clause (a) of the aforesaid notice it is crystal clear that the candidates who have passed MBBS from any Medical Institute from the State of Jharkhand or the candidates who have passed from any 3 medical institute of the State of Bihar if the course has started at the time of creation of State; then only, he or she will be entitled for the benefit of the State quota. In the aforesaid notice, a leverage has been given to the serving doctors in the State Government that even if they have passed MBBS examination from medical college outside the State are eligible for its admission in the State quota but the same is not the case of this petitioner as the petitioner is not serving as a doctor in the State Government. Admittedly, the petitioner also does not fall under other clauses. During course of argument, the learned counsel for the petitioner has also argued on the legality of the notification but the fact remains that she has not assailed the vires of the Notification. 6. Having regard to the aforesaid facts and circumstances, no relief can be granted to this petitioner. Accordingly, the instant writ application stands dismissed. Pending I.A, if any, also stands disposed of. However, there is no order as to cost. (Deepak Roshan, J.) Amit AFR/NAFR