In-service doctors on maternity leave eligible for incentive marks: HC

“The intention of the government to give incentive marks to the in-service candidates for their services rendered in remote, hilly and difficult areas, taking note of the difficulty they would undergo in such areas, is a noble one… [It] is supported with MCI regulations. Therefore, such intention of the government should not get defeated,” held a division bench comprising Justice Huluvadi G Ramesh and Justice M Dhandapani. 

“When the intention is to give benefits to the women, the same intention should not take away the consequential benefits given to the in-service women candidates by way of incentive marks. Moreover, the object of giving incentive marks is to encourage the doctors who render service in the remote area/hilly area/difficult areas,” it added. 

The bench noted that the prospectus had stated that service candidates would be awarded up to 10 per cent of the marks secured in NEET PG 2018 per year of completion of service in the remote area/hilly area/difficult area. “As such, the petitioners are also entitled to the incentives marks as they have completed two years of service, including the maternity leave availed by them,” the bench added. 

Also, referring to a Supreme Court order, the bench said any service rule or clause should satisfy not only the public policy, but also the fundamental right guaranteed under Articles 14, 15 and 21 of the Constitution. 

However, it added, the incentive marks shall be calculated for the period of maternity leave based on the performance of the in-service candidates during their service in the rest of the period. 

When a plea came up initially, Justice N Kirubakaran had held that maternity leave should be treated as service period and such in-service candidates are eligible for incentive marks. But subsequently, when a similar plea came before Justice S Vaidyanathan, he ruled out the right to receive incentive marks. 

Justice Vaidyanathan referred the matter to the Chief Justice to place it before a division bench to decide whether incentive marks have to be extended to those on maternity leave.