LAW FOR ALL

for a declaration that the third Proviso to Regulation 9(2) of the Post Graduate Medical Education Regulations, 2000 (hereinafter referred to as ‘the said Regulation’), is unconstitutional and violative of Article 14 of the Constitution; and for a direction against the Authorities to refrain from disturbing the selection of the said writ petitioners or to interfere with their Post Graduate studies which they are presently pursuing. = In so far as Writ Petition No.372/2016 even that should fail as we have held Regulation 9 to be a complete Code and a provision for determining inter-se merit of the candidates including by giving weightage of marks as incentive to eligible in-service candidates who have worked in notified remote or difficult areas in the State, which is just, reasonable and necessary in larger public interest. We make it clear that we have not examined the correctness of the fresh merit list prepared by the concerned Authority in terms of interim order dated 12.05.2016. If any candidate is aggrieved on account of wrong placement in the fresh merit list or being in violation of this decision, will be free to question the same by way of appropriate proceedings. That challenge can be considered on its own merit.