1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO 2539 OF 2011. Dr. Charusheela Patil, Medical Offcer, Zilla Parishad,Buldhana .Vrs. State of Maharashtra, thr.its Secretary Public Health Department,Mantralaya,Mumbai and Others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (Shir A.A.Kathane,Advocate for Petitioner) CORAM : B. P. DHARMADHIKARI & P.D.KODE, J J. DATED : 13.06.2011 Heard Mr Kathane Learned Counsel for Petitioner and Learned Assistant Government Pleader for all respondents. The main crux of this petition is select list prepared by the respondents for admission to post graduate studies on 26.05.2011. Only contention is service rendered prior to selection by MPSC could not have been looked into. Attention has been invited to the Government Resolution dated 16.11.2000 to point out relevant rules and emphasis therein on completion of 5 years of service or 3 years service in respective categories of establishment after the 2 said selection of MPSC. Learned Counsel contends that this Government Resolution has been modified on 19th December, 2006 and that the period of 5 years or 3 years remains but exception has been made only if candidates are not available as per the conditions stipulated in it. In Government Resolution dated 19.12.2006 (Clause 1.1.6) it is clearly stated that the candidates who are permanent in Government service ( M.P.S.C. passed and confirmed ) and then have rendered 5 years of rural service or 3 years of tribal service would be eligible and if such candidates are not available then only candidates appointed as Medical Officers through MPSC and then having satisfactorily completed the probation period would be considered eligible for the registration in the P.G. studies. Learned Assistant Government Pleader states that merit list has been prepared on the strength of marks obtained in CET and the Rule (Clause 1.1.8) as framed in 2000 itself permits the shortfall in completion of three years or five years to be completed by taking into account the service rendered by the medical officers in tribal/ rural area before regular appointment made as per Rule 1.1.1. It is to be considered only for competing the period required for eligibility for post graduate admission as required under Rule 1.1.6 of the said G.R. The respective candidates who 3 have more marks and had also completed probation have been given advantage of that clause and accordingly are found to fulfill the required rural/ tribal service. Learned Counsel for Petitioner has invited attention to affidavit filed by Jagdish Thakur, Statistical Officer- Class-II in the office of Deputy Director of Health services,Mumbai circle, Thane of 15th April,2011 in Original Application No 121 of 2011 before the Maharashtra State Administrative Tribunal at Mumbai to urge that said service can be considered only for counting the period of service for eligibility for appearing in examination and not for other purposes. Learned Assistant Government Pleader invites attention to clause 1.1.8 to urge that exemption is for earlier service rendered by regular Government officers (MPSC Passed and confirmed) and only for making him eligible for appearing in examination and not for any other purpose. After hearing respective counsels,we find Clause 1.1.8 is very clear. The service rendered in rural/ tribal areas in excess of four months prior to MPSC selection can also be looked into to find out whether candidate completes 3 or 5 years of the service as required by Clause 4 1.1.6. Though Clause 1.1.6 has been stated to be modified on 19th December, 2006, Clause 1.1.8 remains as it is. The contention of petitioner that as she has put in more rural/ tribal service after her selection by MPSC and therefore she needs to be given precedence is without any substance as merit list is required to be prepared in accordance with marks procured in CET. We do not find any merit in challenge. Hence petition is rejected without any costs. JUDGE JUDGE scd//