# Dr. Meenakshi Saxena v. State of U.P. & Ors

- **Citation:** (2025) 1 ILRA 421
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-01-31
- **Case number:** Writ-A No. 1416 of 2025
- **Bench:** Alok Mathur
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/dr-meenakshi-saxena-v-state-of-u-p-ors-54890
- **Pages:** 4

## Headnote

(A) Service Law - Medical Officers -
Petition seeking grant of 'No Objection
Certificate' for participation in NEET PG
Examination-2024 - Provincial Medical
Health Services (PMHS) - Government
Order dated 15.03.2022 - Rural Posting -
Determination of 'rural posting' based on
distance from the district headquarters
and inclusion in the Government Order -
Requirement of three years of rural
service for eligibility to obtain 30%
weightage in NEET PG Examination-2024 -
Once a Community Health Centre at a
particular location is classified as a rural
posting, another hospital in the same
premises cannot be excluded from rural
classification without valid justification.
(Para - 4,6,9,13)

Petitioner
(Medical
Officer)
was
selected
through Public Service Commission - posted at
Community Health Centre in 2014- classified as
a rural posting - Later, she was directed to
work at the newly established 100 Beded
Combined Hospital in the same premises -
petitioner sought a 'No Objection Certificate' to
avail the rural service benefit for NEET PG
Examination-2024 - denied on the ground that
the hospital was not listed as a rural posting.
(Para -4,6 )

HELD: - Petitioner was duly entitled to be
granted a 'No Objection Certificate' for having
worked in the rural area for the period she had
worked at Community Health Centre as well as
the 100 Bedded Combined Hospital. Impugned
order was set aside. Respondents were directed
to grant a 'No Objection Certificate' forthwith to
the petitioner, so that she could participate in
the NEET PG Examination-2024. (Para -
15,16,17)

Petition allowed. (E-7)
422 INDIAN LAW REPORTS ALLAHABAD SERIES

## Text

1 All. Dr. Meenakshi Saxena Vs. State of U.P. & Ors.
421
clearly emerges that the said amendment of
making recovery from a retired employee
has only come into force w.e.f. 10.10.2022
and the instant case, the petitioner having
retired at an earlier stretch of time i.e.
30.11.2021, would not be covered or
governed by the said amendment whereby
the Corporation has armed itself of making
recovery after due proceedings from a
retired employee.

29. Keeping in view of the aforesaid
discussion, it is thus apparent that the order
impugned dated 13.10.2023, so far as it
recovers the amount of Rs.2, 29,651.29/-
from the petitioner by exercising the power
under the amended Rule 39 of the
Regulations,
has
been
exercised
erroneously by the respondents which thus
vitiates
the
order
impugned
dated
13.10.2023 to that extent.

30. Accordingly, the writ petition is
partly allowed. The order impugned dated
13.10.2023, a copy of which is annexure 1
to the petition, so far as it directs for
recovering
of
an
amount
of
Rs.2,29,651.29/- from the petitioner, is
quashed. The respondents are directed to
refund the aforesaid amount, if already
recovered, to the petitioner within a period
of six weeks from the date of receipt of
certified copy of this order.
----------
(2025) 1 ILRA 421
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 31.01.2025

BEFORE

THE HON'BLE ALOK MATHUR, J.

Writ-A No. 1416 of 2025

Dr. Meenakshi Saxena ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Jai Bahadur Singh

Counsel for the Respondents:
C.S.C.

(A) Service Law - Medical Officers -
Petition seeking grant of 'No Objection
Certificate' for participation in NEET PG
Examination-2024 - Provincial Medical
Health Services (PMHS) - Government
Order dated 15.03.2022 - Rural Posting -
Determination of 'rural posting' based on
distance from the district headquarters
and inclusion in the Government Order -
Requirement of three years of rural
service for eligibility to obtain 30%
weightage in NEET PG Examination-2024 -
Once a Community Health Centre at a
particular location is classified as a rural
posting, another hospital in the same
premises cannot be excluded from rural
classification without valid justification.
(Para - 4,6,9,13)

Petitioner
(Medical
Officer)
was
selected
through Public Service Commission - posted at
Community Health Centre in 2014- classified as
a rural posting - Later, she was directed to
work at the newly established 100 Beded
Combined Hospital in the same premises -
petitioner sought a 'No Objection Certificate' to
avail the rural service benefit for NEET PG
Examination-2024 - denied on the ground that
the hospital was not listed as a rural posting.
(Para -4,6 )

HELD: - Petitioner was duly entitled to be
granted a 'No Objection Certificate' for having
worked in the rural area for the period she had
worked at Community Health Centre as well as
the 100 Bedded Combined Hospital. Impugned
order was set aside. Respondents were directed
to grant a 'No Objection Certificate' forthwith to
the petitioner, so that she could participate in
the NEET PG Examination-2024. (Para -
15,16,17)

Petition allowed. (E-7)
422 INDIAN LAW REPORTS ALLAHABAD SERIES
(Delivered by Hon'ble Alok Mathur, J.)

1. On an urgency being mentioned on
behalf of learned counsel for petitioner, the
case
has
been
listed
today
in
the
supplementary list of fresh cases and has
been heard.

2. When the mention was made,
learned Standing Counsel was at that stage
was directed to seek instructions and
accordingly, written instructions from the
Chief Medical Superintendent, 100 Beded
Combined
Hospital
Sirauli
Gauspur,
Barabanki has been received and placed
before this Court and the same is taken on
record.

3. Heard Shri Jai Bahadur Singh,
learned counsel for petitioner, learned
Standing Counsel for the State and perused
the material available on record.

4. It has been submitted by learned
counsel for petitioner that the petitioner
was selected on the post of Medical Officer
in PMHS Cadre through Public Service
Commission and posted as Allopathic
Medical Officer by order dated 11.11.2014
and joined on the said post at Community
Health Centre, Sirauli Gauspur, Barabanki
on 17.12.2014. There is no dispute that the
Community
Health
Centre,
Sirauli,
Gauspur, Barabanki is considered a rural
posting and is also included in the list of
rural posting, which has been issued by the
respondents, according to which at serial
number 172 of the Government Order
dated 15.03.2022. The petitioner was orally
asked by the Chief Medical Officer,
Barabanki to join at 100 Beded Combind
Hospital, which has started functioning in
the early 2017 and is situated in the same
compound at Sirauli Gauspur, Barabanki
and in compliance of the said direction
started working the said combined hospital.
This aspect is also not disputed as the same
fact find mentioned in the impugned order
rejecting the representation of the petitioner
for
being
granted
a
'No
Objection
Certificate' to participate in the NEET PG
Examination-2024 in order to obtain 30%
weight-age in marks which are available to
a Medical Officer of the Provincial Medical
Health Services, who have worked at-least
for three years in the rural area. The
petitioner was under a belief that while
working in the 100 Beded Combined
Hospital in Sirauli Gauspur, Barabanki, her
services would be counted towards rural
service, therefore, continued working and
moved an application for obtaining a 'No
Objection Certificate' in order to participate
in the NEET PG Examination-2024.

5. Despite making an application
giving all the details of the service, the 'No
Objection Certificate' was not issued by the
respondents and accordingly, it is in the
aforesaid circumstances, the petitioner had
approached this Court by filing a writ
petition being Writ-A No. 748 of 2025,
which was disposed of by this Court by
means of order dated 21.01.2025 directing
the respondents to decide the representation
of the petitioner with expedition as
provided in the order itself.

6. It is in compliance of the direction
of this Court dated 21.01.2025 that the case
of the petitioner has been considered for
grant of ' No Objection Certificate' and the
application made by the petitioner has been
rejected. While rejecting the application of
the petitioner, the only ground which has
been considered is that there is a
requirement of putting in three years of
rural services, which is mandatory in nature
and 'No Objection Certificate' is given only
to those Medical Officers who fulfill the
1 All. Dr. Meenakshi Saxena Vs. State of U.P. & Ors.
423
aforesaid condition. According to the
respondents, the petitioner has worked in
the rural service only for one year, three
months and thirteen days only in Sirauli
Gauspur, Barabanki, and therefore, the
certificate has been declined.

7. It has further been stated that the
hundred Beded combined hospital Sirauli
Gauspur, Barabanki does not fall into the
list of the hospitals, which is considered as
a rural service for granting 'No Objection
Certificate' and consequently, the said 'No
Objection Certificate' has not been granted
to the petitioner.

8. Learned counsel for petitioner has
submitted that the impugned order dated
12.01.2025
is
illegal,
arbitrary
and
inasmuch as, rural service is calculated as
per the place of posting and the distance
from
the
headquarter
is
a
relevant
consideration. He further submits that there
is no doubt that the petitioner was posted at
the Community Health Centre, Sirauli,
Gauspur, Barabanki, which according to
the respondents themselves is considered as
a rural posting as also included in the
Government
Order
dated
15.03.2022
wherein at serial number 172, the said
Community Health Centre is mentioned as
rural posting.

9. He submits that within the same
campus a hundred beded combined hospital
has come up and started functioning in
2016 but the same has sofar not been
included as rural posting, and therefore,
case of the petitioner has been declined. He
further submits that a perusal of the
Government Order dated 15.03.2022 would
indicate that the only relevant consideration
for declaring a particular hospital or
Community Health Centre being a rural
posting is a distance from the headquarter.
The distance has been calculated as 25 km.
and once the Community Health Centre in
the same premises has been declared to be
a rural posting and there is no reason as to
why a hundred beded combined hospital
has not been declared a rural posting

10. Learned Standing Counsel on the
other hand has opposed the writ petition.
He submits that whether a particular
posting is a rural posting or not a rural
posting is determined solely on the basis as
to whether the said Community Health
Centre
is
included
by
means
of
Government Order dated 15.03.2022 or
not? Once a hundred beded combined
hospital has not been included to a rural
posting in the Government Order dated
15.03.2022 then the benefit of the same
cannot be granted to the petitioner,
therefore, has supported the impugned
order and prayed for dismissal of the writ
petition.

11. This Court has heard the rival
submissions of learned counsel for parties
and perused the record and also the
Government Order dated 15.03.2022 along
with the written instructions.

12.
The
narrow
campus
for
examination in the present case is as to
whether the period spent by the petitioner
while discharging her duties in the hundred
beded
combined
hospital
in
Sirauli
Gauspur, Barabanki can be considered as a
rural posting for the purposes of grant of
a 'No Objection Certificate' for admission
into the NEET PG Examination-2024?
There is no dispute that the petitioner has
joined at Community Health Centre Sirauli
Gauspur, Barabanki on 17.11.2014 and
continued to function on the said post for a
period of more than one year till she was
directed to join at the hundred beded
424 INDIAN LAW REPORTS ALLAHABAD SERIES
combined hospital which in the meanwhile
had come up and its construction was
complete and had become operational. The
petitioner joined the hospital on 01.03.2016
and continued till 12.12.2024. The said
hospital undoubtedly has come up in the
same premises as Community Health
Centre, Sirauli Gauspur, Barabanki.

13. This Court has also noticed that the
Community Health Centre Sirauli Gauspur,
Barabanki is included as a rural posting. The said
entry has been made only on account of the fact
that the said place is more than 25 km. away
from the district headquarter as has been stated in
the Government Order dated 15.03.2022. Once
the Community Health Centre, Sirauli Gauspur,
Barabanki has been held to be a rural posting,
this Court does not find any reason why as to
another hospital even though a hundred beded
hospital situated in the same premises would not
be considered to be a rural posting for a limited
purposes of grant of 'No Objection Certificate'
for the entrance of NEET PG Examinaiton-2024.

14. Accordingly, this Court finds that there
is no reason forthcoming for denial of the benefit
for having worked in the hundred beded
combined hospital at Sirauli Gauspur, Barabanki,
which is also equally distance as the Community
Health Centre, Sirauli Gauspur, Barabanki.
Accordingly, this Court finds that the impugned
order dated 21.01.2025 has been passed solely
on a consideration that the Community Health
Centre, Sirauli Gauspur, Barabanki has been
mentioned as a rural posting in the Government
Order dated 15.03.0222 while the entry with
regard to a hundred beded combined hospital is
not included. Apart from the above, this Court
does not find any consideration by the
respondents with regard to as to whether Sirauli
Gauspur, Barabanki would be considered as a
rural posting or not? It is not the case of the
respondents that the hundred beded combined
hospital Sirauli Gauspur, Barabanki would not
be included as a rural posting but only till date it
has not declared to be a rural posting.

15. Accordingly, this Court find that the
respondents have not adequately considered the
grounds for grant of 'No Objection Certificate'
to the petitioner, and even otherwise, this Court
does not find any reason as to why the
respondents could have denied the benefit to the
petitioner for having worked at the hundred
beded combined hospital for more than eight
years which is situated in the same compound
as the Community Health Centre, which has
been declared to be a rural posting.
Accordingly, this Court finds that the petitioner
is duly entitled to be granted a 'No Objection
Certificate' for having worked in the rural area
for the period she has worked at Community
Health Centre, Sirauli Gauspur, Barabanki as
well the hundred beded combined hospital at
Sirauli Gauspur, Barabanki.

16. In light of the above, the writ petition is
allowed and the impugned order dated
21.01.2025 is set aside.

17. The respondents are directed to grant a
'No Objection Certificate' forthwith to the
petitioner, so that she can participate in the
NEET PG Examination-2024.
----------
(2025) 1 ILRA 424
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 08.01.2025

BEFORE

THE HON'BLE ALOK MATHUR, J.

Writ-A No. 4610 of 2024
With
Writ-A No. 7284 of 2024

Ravi Kumar Shukla & Ors. ...Petitioners
Versus
State of U.P. & Ors. ...Respondents