MCI Notification on Senior Residentship Challenged in Court

Various promotional avenues are open for the MS/MD degree-holders, whereas for the diploma-holders the only avenue is the post of Senior Resident, the petitioner stated

Tamil Nadu: A Plea has been filed with the Madras High Court, challenging the much-debated amendment of the Medical Council of India, dated June 5 2017, that paved a way for new minimum qualifications of medical teachers in the country. The said gazette notification also defined a Senior Resident as Senior Resident is one who is doing his/her residency in the concerned postgraduate subject after obtaining PG degree (MD/MS) and is below 40 years of age.

Read Also : MCI relaxes Minimum Qualifications for PG Medical Teachers

With the state government of Tamil Nadu, attempting to fill its vacant posts at medical colleges and hospitals, based on the above notification, Diploma holders in the state have now approached the court, challenging the notification and its resultant recruitments.

A PIL has now been filed by Dr G Jaysia of Kalappa Naicken Patti village who holds the qualification of Diploma in Medical Radiology Diagnosis (DMRD) and is presently working as Senior Resident in Radio Diagnosis in Government Mohan Kumaramangalam Medical College and Hospital. Through his petition, he informed the court that currently, three avenues exist for doctors willing to join government service in Tamil Nadu. These include

• Department of Medical and Rural Service (DMS) primarily consisting of services in rural taluks, district headquarters and ESI.


• Department of Public Health and Preventive Medicine (DPH) consisting of primary health centres including urban and rural.


• Department of Medical Education (DME) consisting of purely academic service attached to medical colleges and hospitals.

The petitioner informed that doctors with MBBS and PG diploma specialisation are initially posted in DPH and then placed in DME as tutor subsequently promoted as a senior resident, reports TOI. In similar fashion, until now doctors with MD and MS qualifications are posted in other departments except DME.

The petitioner informed that with the June 5 notification in place, doctors with MD/MS qualifications can be directly appointed in DME as well, thus eating away all the chances of promotions and career development for diploma candidates and is thus illegal and totally ultra vires of the Constitution. Various promotional avenues are open for the MS/MD degree-holders, whereas for the diploma-holders the only avenue is the post of Senior Resident, the petitioner added quotes The New Indian Express.

There are about 5000 doctors across the state working in government service. In that, about 700 are PG diploma holder along with MBBS and are exclusively posted in vacancies in the directorate of medical education as tutors and promoted as senior residents added the petition

Responding to the plea, the first bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose has now issued a notice to the Medical Council of India and the state government returnable on Friday, 13th April 2018.

This is not the first time the PG diploma holders have knocked the doors of the high court in the matter. Earlier in 2017, the government tried to hire MD/MS doctors to the posts at DME, which was challenged by diploma holders in the high court.According to the TOI report, the government at that time had allegedly assured that such appointments would be made only in unfilled vacancies and currently serving diploma doctors would not be disturbed. However, with the government making another effort towards the matter based on the MCI notification, the petitioner approached the high court to quash the same.