Shardul Shivaraj Kanse v. The Commissioner Health Services Mumbai And ORS
Digitally signed by SNEHA ABHAY DIXIT Date:
2025.01.27 11:19:14 +0530 SNEHA ABHAY DIXIT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1020 OF 2025 Shardul Shivaraj Kanse .. Petitioner Vs.
The Commissioner, Health Services, Mumbai and Ors.
.. Respondents Dr. Abhinav Chandrachud with Mr. Vinod P. Sangvikar, Mr. Jain and Mr. S.S. Galande, Advocate for the Petitioner. Mr. A.I. Patel, Additional Government Pleader with Mr. P.G. Sawant, Assistant Government Pleader for the Respondent-State of Maharashtra. CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 21ST JANUARY 2025.
P.C. :
1.
It is submitted by the learned counsel for the petitioner that by Government Resolution dated 18th January 2010, Taluka Satara, District Satara, wherein Satara Civil Hospital is located, has been identified as falling in a hilly area. In terms of the Government Resolution dated 19th March 2019 issued by the Public Health Department, two incentive marks are admissible in case of service rendered in a Civil Hospital that is located in a hilly area. The petitioner seeks to pursue post-graduate education having participated in NEET PG - 2024 and contends that he is entitled to the aforesaid two incentive marks having served at the Civil Hospital in Satara District. Relying upon the recommendation made by the Deputy 1/2 902-WP-1020-2025.doc Dixit
Director (Education), Health Services dated 30th July 2024, it is submitted that the Committee constituted in this regard in its Minutes dated 3rd September 2024 has failed to take into consideration relevant aspects that had taken place post issuance of Government Resolution dated 19th March 2019. The Maharashtra Administrative Tribunal has also not considered these aspects.
2.
Issue notice to the respondents, returnable on 18th February 2025. The learned Additional Government Pleader waives notice for respondent nos.1, 2, 4 and 5.
3.
Any admissions made pursuant to Notice No.10 dated 16th January 2025 issued by the respondent no.3 in M.D. - Pediatrics would be subject to further orders of the Court. The respondent no.3 shall bring this order to the notice of candidates seeking admission to the said course. 4.
Parties to act on authenticated copy of this order. [ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 2/2 902-WP-1020-2025.doc Dixit