Punjab and Haryana High Court Upholds State Policy Requiring One-Year Service for PCMS Doctors Before PG Studies

Court Dismisses Petition Challenging Clause 3.1 of 2019 Circular, Deeming Policy Rational and Non-Arbitrary

In a significant judgment, the Punjab and Haryana High Court has upheld the state policy mandating Punjab Civil Medical Services (PCMS) doctors to complete a minimum of one year of service before pursuing postgraduate (PG) courses in the non-incentive category. The court dismissed the writ petition filed by Dr. Janvi, who challenged the policy as arbitrary and lacking rationale.

The Division Bench, comprising Justices Ashwani Kumar Mishra and Rohit Kapoor, examined the provisions of Clause 3.1 of the circular dated June 25, 2019, which stipulates that PCMS doctors must have completed one year of service to be eligible for admission to PG courses without incentive marks. Dr. Janvi, represented by Senior Advocate Mr. D. S. Patwalia, contended that the policy was arbitrary, as it did not offer any direct benefit to non-incentive category doctors, who do not receive a salary during their PG studies.

The state, represented by Additional Advocate General Mr. Maninder Singh, argued that the policy was designed to ensure that doctors contribute to the PCMS cadre for a reasonable period before availing service benefits such as lien, continuity of service, and seniority during their PG courses.

In its judgment, the court highlighted that the policy aims to ensure the availability of highly qualified doctors in the PCMS cadre. It noted that while doctors in the non-incentive category do not receive a salary during their PG courses, they still benefit from service continuity and seniority. Therefore, the one-year service requirement serves a rational purpose by preventing misuse of these benefits by doctors who may otherwise serve only briefly before pursuing higher studies.

The court concluded that the stipulation of a one-year service period is neither irrational nor arbitrary, emphasizing that it remains within the state's policy domain to set such requirements. The court observed that although the petitioner's argument for equipping the department with better-qualified doctors held merit, the policy's objective of ensuring service contribution could not be deemed purposeless or unreasonable.

Consequently, the court dismissed Dr. Janvi's petition, affirming the validity of the state's policy and its application to doctors in the non-incentive category.

Bottom Line:

Policy requiring minimum one year of service before allowing PCMS doctors to pursue a PG course in the non-incentive category is not arbitrary or irrational and falls within the realm of State policy.

Statutory provision(s): Clause 3.1 of the circular dated June 25, 2019, PCMS Service Rules

Dr. Janvi v. State of Punjab, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2819316