Punjab & Haryana High Court Upholds One-Year Service Requirement For PCMS Doctors Seeking PG Admission

The Punjab & Haryana High Court has dismissed a writ petition challenging the Punjab Government's circular, which mandates that Punjab Civil Medical Services (PCMS) doctors must complete at least one year of service before being permitted to pursue postgraduate (PG) medical courses under the non-incentive category.

Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said, "Though we find substance in the contention of the petitioner that ultimate oblect is to equip the department with better doctors but] considerations like rendering service to the department for some period cannot be said to be wholly without an purpose or irrational. It otherwise remains in the realm of policy of the State to require a minimum length of service and as we find that such policy cannot be termed to be irrational, we would not be justified in interfering with it only because a different view could be taken in the matter."

The petitioner, a recently appointed PCMS doctor who joined service after completing her MBBS, sought quashing or reading down of Clause 3.1 as reflected in the 2025 prospectus. She had worked for approximately one month before applying for leave to pursue a PG course but was denied permission based on the one-year service condition.

Senior Advocate D.S Patwalia, appearing for the petitioner, argued that, no rational basis existed for insisting on one year of service before joining a PG course, especially when the petitioner sought admission in the non-incentive category, where no salary or incentive marks are given.

He stated further that the State's stated objective is to enhance the qualifications of its medical workforce; therefore, restricting immediate academic advancement was arbitrary and lacked intelligible differentia.

Since the petitioner would not receive salary or rural incentive marks, the restriction served no constructive purpose in her case, he added.

Senior Advocate Maninder Singh Garcha Ad AG Punjab defended Clause 3.1, emphasizing the broader policy considerations behind the 2019 Government order. It submitted that the minimum one-year service requirement was introduced to ensure that doctors contribute meaningfully to the PCMS cadre before availing the benefits attached to lien, continuity of service, and seniority during PG studies.

It had been noticed that some doctors worked only for a brief period—days, weeks, or a few months—before proceeding for PG courses lasting three years, while continuing to enjoy service benefits and the policy applied uniformly to both incentive and non-incentive categories and served an essential administrative purpose, he submitted.

The Court examined the policy from a “broader perspective,” noting that the 2019 circular sought to ensure availability of well-qualified doctors within the PCMS cadre.

The bench noted that, even in the non-incentive category, doctors retain significant service benefits—including lien, seniority, and continuity—while pursuing PG courses, despite not drawing salary.

"Though in the non-incentive category, the doctor does not get salary but other benefits in the nature of lien continuity of service and seniority etc. are extended to such doctors. Once that be so the State would be justified in requiring such candidate to serve in the cadre for at least a year before the candidate is allowed to take up higher studies. In case such a stipulation is not made then a doctor in FOMs cadre can avail of service benefits during the three year PG Course even if he has worked for a tew davs or weeks. In this case the petitioner has only worked for a month," it added.

Observing that Courts should not interfere with State policy, the plea was dismissed.

Mr. D. S. Patwalia, Sr. Advocate with Rishu Bajaj Advocate for the pettioner.

Mr. Maninder Singh, Addl. AG, Punjab with Ms. Samdisha Kaur, AAG, Punjab.

Title: Dr. Janvi v. State of Punjab

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