A division bench of Justice Dipak Misra and Justice AM Khanwilkar, while issuing notice to the authorities allowed Dr Shubhra Srivastava to participate in the medical counseling process without insisting on the rural service bond.
The Supreme Court on Wednesday granted temporary relief to a MBBS doctor who was not alloed to appear for the Post Graduate Medical Course (CET) exams without serving the mandatory one year of rural service. The high court had last week upheld the decision of the authorities.
A division bench of Justice Dipak Misra and Justice AM Khanwilkar, while issuing notice to the authorities allowed Dr Shubhra Srivastava to participate in the medical counseling process without insisting on the rural service bond.
Last week the high court had rejected the petition saying, “It is not in dispute that the Petitioner was admitted in the MBBS course in the year 2009 for the eligibility to appear in the Postgraduate PGM Course the criteria fixed for PGM course will only apply.”
Advocate Ravindra Lokhande who appeared for Dr Srivastava both in the Supreme Court and the High Court claimed that since she had got admission in the MBBS course in 2009 and the eligibility criteria making rural service mandatory for one year was notified in 2011, she should be allowed to appear for the Post Graduate CET exams.
However, the court after going through the criteria and the fact that the petitioner had appeared for the entrance exams twice in 2015 and 2016 and failed both time saidm “We are of the view that the Petitioner with open eyes having participated in the PGM Entrance Examination of the year 2015 and again in the year 2016, cannot be allowed to turn around and challenge the Eligibility Criteria. If she wants to make attempt for the third time of the same examination she cannot be allowed to contend that the Eligibility Criteria is unreasonable.”
Following this, the petitioner pleaded to the court to allow her to complete the post graduate course and then she would serve the one year required of her. To this, the bench said “In the absence of any clause
permitting to complete the post graduation first and then to serve the rural area, the plea is rejected".
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