1 WPC No.6173 of 2025 and other connected matters 2025:CGHC:58976-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6173 of 2025 1 - Dr. Pushpendra Kumar Sahu S/o Devendra Kumar Sahu Aged About 30 Years R/o Shivanand Nagar, Sector 03, Khamtarai-2 (Khamtarai), District- Raipur C.G. 2 - Dr. Dayanand Sahu S/o Shuklal Sahu Aged About 31 Years R/o Bhilauri, District Durg C.G. 491331 3 - Dr. Rajat Kumar Sahu S/o Ghanshyam Sahu Aged About 30 Years R/o Dhanpunji, Dhanpunji Thana Nagarnar, Jagdalpur, District- Bastar, C.G. 494001. 4 - Dr. Ashutosh Kumar S/o Amitlal Anant Aged About 32 Years R/o Kharkhod, District Janjgir Champa C.G. 495554. 5 - Dr. Madan Nirala S/o Tireeth Ram Nirala Aged About 40 Years R/o House No. 08 Capital City, Phase-01 Vidhan Sabha, Saddu, Sardhoo (Sardhu), District Raipur C.G. 492014 6 - Dr. Dinbhandhu Barle S/o Suresh Barle Aged About 31 Years R/o 54, Jangde, Para, Purisari, Kamla District Balodabazar, Simga C.G. 493101 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.12.06 11:46:41 +0530 2 WPC No.6173 of 2025 and other connected matters --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur C.G. 2 - The Director Medical Education, Old Nurse Hospital D K S Bhawan Parisar, Raipur, District Raipur C.G. 3 - The Director, Health Services Chhattisgarh, Indravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 4 - The Commissioner, Department Of Health Services, Indravati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 5 - Under Secretary, Chhattisgarh Health And Family Welfare Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 6 - The National Commission Of India, Through Its Chairman, Pocke-14, Phase-01, Sector 08, Dwarka, New Delhi, District New Delhi. 7 - Late Mrs India Gandhi Memorial Government Medical College, District Kanker C.G. 8 - Late Baliram Kashyap Memorial Government Medical College, Jagdalpur, District Bastar At Jagdalpur C.G. 9 - The Chairman, Medical Postgraduate Counseling Committee, Directorate Of Medical Education, Chhattisgarh Health Building, 2nd 3 WPC No.6173 of 2025 and other connected matters Floor, North Block, Sector 19, Nava Raipur, District Raipur Atal Nagar C.G. 492002 10 - The Office Of The Commissioner Of Medical Education, Chhattisgarh Health Building, 2nd Floor, North Block, Sector 19, Nava Raipur, District Raipur Atal Nagar C.G. 492002 --- Respondent(s) with WPC No. 6321 of 2025 1 - Dr. Manish Kumar Sonwani S/o Fulchand Sonwani, Aged About 33 Years R/o Ch/91 Ata Chakki Line, Ward No. 33, Manikpur District Korba (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur (C.G.) 2 - The Director Medical Education, Old Nurse Hospital Dks Bhawan Parisar, Raipur, District Raipur (C.G.) 3 - The Director Health Services Chhattisgarh, Indravati Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.) 4 - The Commissioner, Department Of Health Services, Indravati Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.) 4 WPC No.6173 of 2025 and other connected matters 5 - Under Secretary Chhattisgarh Health And Family Welfare Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.) 6 - National Medical Commission Through Its Chairman, Pocket-14, Phase-01, Sector 08, Dwarka, New- Delhi, District New Delhi. 7 - Rajmata Shhrimati Devendra Kumari Singhdeo Government Medical College Ambikapur, District Sarguja (C.G.) 8 - Late Bisahu Das Mahant Memorial Medical College Korba, District Korba (C.G.) 9 - The Chairman, Medical Postgraduate Counseling Committee, Directorate Of Medical Education, Chhattisgarh. 10 - The Office Of The Commissioner Of Medical Education, Chhattisgarh Health Building, 2nd Floor, North Block, Sector-19, Nava Raipur, Atal Nagar, Chhattisgarh- 492002 --- Respondent(s) with WPC No. 6245 of 2025 1 - Dr. Kamlesh Sahu S/o Ghasiram Sahu Aged About 31 Years R/o G-3 Room No. -17 Implipara Kanker, District : Kanker, Chhattisgarh ---Petitioner(s) Versus 5 WPC No.6173 of 2025 and other connected matters 1 - State Of Chhattisgarh Through Secretary- Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - The Direcotr Medical Education Old Nurse Hospital D K S Bhawan Parisar, Raipur, District : Raipur, Chhattisgarh 3 - The Director Health Services Chhattisgarh Indravati Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 4 - The Commissioner Department Of Health Services, Indravati Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 5 - Under Secretary Chhattisgarh Health And Family Welfare Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 6 - National Medical Commission Through Its Chairman, Pocket-14, Phase-01, Sector 08, Dwarka, New-Delhi, District : New Delhi, Delhi 7 - Late Mrs Indira Gandhi Memorial Government Medical College Kanker, District : Kanker, Chhattisgarh 8 - The Chairman Medical Postgraduate Counseling Committee, Directorate Of Medical Education, Chhattisgarh 9 - The Office Of The Commissioner Of Medical Education Chhattisgarh Health Building, 2nd Floor, North Block, Sector-19, Nava Raipur, Atal Nagar, Chhattisgarh 492002. ... Respondents (Cause title is taken from CIS) 6 WPC No.6173 of 2025 and other connected matters For Petitioners : Ms. Rashika Soni, Advocate For Respondents/ State : Mr. Shashank Thakur, Dy. Advocate General For Respective Respondent : Mr. Venkatesh Pandey, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Bibhu Datta Guru, Judge 04.12.2025 1. (i) In WPC No. 6173/2025, the petitioner is seeking for the following reliefs :- “10.1) to direct the Respondents to treat the Petitioners' service as service rendered in Scheduled Areas for the purpose of awarding bonus marks under Rule 9(b) of the Chhattisgarh Medical Postgraduate Admission Rules, 2025, and to award all consequential benefits thereof, including the rightful bonus marks earned by the Petitioners. 10.2) to direct the Respondents to apply Rule 9(b) strictly in accordance with law and grant the Petitioners 3% bonus marks for every completed year of Scheduled Area service, subject to the statutory ceiling. 10.3) to direct the Respondent Authorities to immediately issue Service Certificates to Petitioners ensuring that these certificates correctly classify the Petitioners' place of posting as Scheduled Area. 7 WPC No.6173 of 2025 and other connected matters 10.4) stay the Registration process for Counselling i.e. Annexure-P/8 till the matter is pending before this Court and direct the Respondent Authorities to treat the Petitioners' services as rendered in the constitutionally notified Scheduled Areas for the purpose of NEET PG 2025 and to take all necessary consequential steps, including issuance of the requisite service certificates, in time for the counselling process. 10.5) Pass any other writ, order, or direction as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.” (ii) In WPC No. 6321/2025, the petitioner is seeking for the following reliefs :- “10.1) to direct the Respondents to treat the Petitioners' service as service rendered in Scheduled Areas for the purpose of awarding bonus marks under Rule 9(b) of the Chhattisgarh Medical Postgraduate Admission Rules, 2025, and to award all consequential benefits thereof, including the rightful bonus marks earned by the Petitioners. 10.2) to direct the Respondents to apply Rule 9(b) strictly in accordance with law and grant the Petitioners 3% bonus marks for every completed year of Scheduled Area service, subject to the statutory ceiling. 10.3) to direct the Respondent Authorities to immediately issue Service Certificates to Petitioner ensuring that these certificates correctly classify the 8 WPC No.6173 of 2025 and other connected matters Petitioner's place of posting as Scheduled Area. 10.4) Pass any other writ, order, or direction as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.” (iii) In WPC No. 6245/2025, the petitioner is seeking for the following reliefs :- “10.1) to direct the Respondents to treat the Petitioners' service as service rendered in Scheduled Areas for the purpose of awarding bonus marks under Rule 9(b) of the Chhattisgarh Medical Postgraduate Admission Rules, 2025, and to award all consequential benefits thereof, including the rightful bonus marks earned by the Petitioners. 10.2) to direct the Respondents to apply Rule 9(b) strictly in accordance with law and grant the Petitioners 3% bonus marks for every completed year of Scheduled Area service, subject to the statutory ceiling. 10.3) to direct the Respondent Authorities to immediately issue Service Certificates to Petitioners ensuring that these certificates correctly classify the Petitioners' place of posting as Scheduled Area. 10.4) Pass any other writ, order, or direction as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.” 2. Since all the petitions have been filed on the same issue, they are being considered and decided together by this common 9 WPC No.6173 of 2025 and other connected matters order. For the sake of convenience, the pleadings and documents of WPC No. 6173 of 2025 are being referred. 3. Case of the petitioners is that they are working as Junior Residents/ Demonstrators in the Govt. Medical Colleges of the State of Chhattisgarh situated in the scheduled areas. According to Rule 9(b) of the Chhattisgarh Medical Postgraduate Admission Rules, 2025 (for short ‘the Rules, 2025’) entities in-service candidates serving in the Scheduled areas to bonus marks of 3% per completed year of service. However, the respondent authorities without application of mind have issued the service certificates in favour of the petitioners categorizing their service as non-scheduled area service. Because of said action on the part of authorities, the petitioners are facing huge problems in getting the admission in PG courses. 4. Per contra, learned counsel appearing for the respondents would submit that only District Hospitals/ Civil Hospitals/ CHC/ PHC are covered under the Chhattisgarh Rural Medical Corps (CRMC), which is a scheme developed by the National Rural Health Mission. And as such the benefits under the CRMC cannot be extended in favour of the doctors who are working in the Govt. Medical Colleges and associated hospitals. They would also submit that pursuant to the order dated 17/05/2019 passed by the Division Bench of this Court in WPC No. 1029/ 2019 (Dr. 10 WPC No.6173 of 2025 and other connected matters Pushpendra Kumar Vaishnav & Ors. vs. State of Chhattisgarh & Ors.) and other connected matters, the State Government has passed the order dated 23/03/2020 whereby it has specified the most difficult and inaccessible scheduled area and difficult scheduled area. According to the said order dated 23/03/2020, the posting places of the respective petitioners does not fall within the most difficult and inaccessible scheduled area. They would submit that Rule 9(b) provides for grant of bonus marks to the candidates who worked in difficult scheduled area whereas the petitioners rendered their service in Govt. Medical College which are the places defined as “normal”. Thus the petitioners are not entitled for any relief and the petitions deserves to be dismissed. 5. We have heard learned counsel for the parties and perused the other documents appended with the writ petition. 6. It is an admitted fact that the petitioners who are doctors are rendering their services as junior Residents/ Demonstrators in the various Govt. Medical Colleges of the State of Chhattisgarh. Rule 9(b) of the Rules, 2025 provides that the candidates working in the scheduled area are entitled for 3% bonus marks on completion of service per year. 7. The Division Bench of this Court in Dr. Pushpendra Kumar Vaishnav (supra), on appreciation of the relevant facts, directed the State for identification and categorization of remote and/or 11 WPC No.6173 of 2025 and other connected matters difficult areas in the State for grant of weightage in terms of Rule 7(vi) of the Rules, 2018 and notify such areas. Pursuant to the said order the State Government by order dated 23/03/2020 notified the most difficult and inaccessible scheduled area and difficult scheduled area. It is important to mention here that the said notification/ order has not been challenged by anyone even the present petitioners. 8. It is also noteworthy to mention here that in WPC No. 441/2025 (Prabhakar Pradhan vs. State of Chhattisgarh & Ors.) this Court held that the petitioner therein is not entitled for bonus marks for the services rendered by him in the Medical College, Jagdalpur, District Bastar as the said institute is not included under the CRMC by the Department of Health and Family Welfare, Govt. of Chhattisgarh. In the present cases also, the petitioners worked in medical colleges and as such they are not entitled for bonus marks under the CRMC. In fact, Rule 9 (b) of the Rules, 2025 has to be read along with the order dated 23/3/2020. 9. For the reasons mentioned hereinabove, all the petitions sans merit are liable to be and are hereby dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S.Bhilwar