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Follow MCI Norms: SC Constitution Bench Says No To State Reservation For In-Service Candidates


Follow MCI Norms: SC Constitution Bench Says No To State Reservation For In-Service Candidates

New Delhi: The Supreme Court today declined any interim relief to a government doctors’ association and said the Tamil Nadu government will have to grant admission in post-graduate medical courses to in-servce doctors as per amended regulations of the Medical Council of India.

Tamil Nadu Medical Officers Association and others have assailed two amended provisions of MCI’s Post Graduate Medical Education Regulations, which provide the criteria for granting quota or incentive marks to government doctors, either serving or have served in rural or remote areas, in admissions to PG courses.

It was submitted that instead of granting incentive marks to government doctors, serving in remote and difficult rural areas, in PG admissions, the state government should be allowed to continue with its own quota policy.

“We are unable to accede to the request,” a five-judge constitution bench headed by Chief Justice Dipak Misra said.

The bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said the counselling process for admissions in PG courses would go on as per the MCI regulations and its final verdict will decide the fate of admisisons.

Earlier, the court had reserved its interim order on a batch of petitions challenging the MCI’s regulations dealing with reservation to in-service candidates in admission to the PG medical courses in respect of 50 percent seats allocated to states.

The doctors’ association of Tamil Nadu had assailed Regulation 9(IV), which says the reservation of seats in medical colleges for respective categories in PG courses shall be as per applicable laws of the states and UTs and an all-India and state-wise merit list of the eligible candidates shall be prepared on the basis of marks obtained by them in National Eligibility-cum-Entrance Test (NEET).

The regulation provided that doctors in government service may be given weightage as an incentive of up to 10 percent of the marks obtained for each year of service in “remote and/or difficult areas or rural areas upto a maximum of 30 per cent” of the marks obtained in NEET.

Regulation VIII, however, provides for 50 percent reservation in seats in PG Diploma courses for government doctors.

The doctors association had alleged that though 50 percent quota for in-service doctors are allowed in diploma courses, the system of grant of incentive marks is adopted for granting admissions in PG courses.

They alleged that the power of “the coordination and determination of standards in institutions for higher education” falls in the Union List and the fact that “medical education” comes under Concurrent List implies that states are not denuded of powers to legislate on the manner and method for admissions to PG medical courses.

Senior advocate Arvind Datar, representing Tamil Nadu doctors’ body, had referred to judgments and constitutional schemes and said that a state was empowered to devise a mechanism to allocate 50 per cent of its seats to candidates.

Senior advocate Vikas Singh, appearing for MCI, had said the state cannot be allowed to “lower” the standard of selection of candidates by flouting the MCI regulations. He had sought to distinguish between the PG diploma courses and the PG courses and submitted that there was no need to pass any interim order.

Additional Solicitor General Aman Lekhi, representing the Centre, had said the issue fell under “exclusive domain” of the Union and the state cannot legislate on it.

A few days ago, a three-judge bench headed by Justice Kurian Joseph had referred to a constitution bench the pleas, challenging the MCI regulations.

NEET conducts examination for admissions in Medical PG courses and 50 percent seats are filled by the Centre and 50 percent seats are filled by the states which may give incentive marks up to 30 percent to government doctors who are serving in rural and remote areas.

Tamil Nadu and some states are seeking autonomy to decide the manner in which they would fill up their 50 percent seats by devising norms on quota and challenge the MCI regulations to that effect.

Read also: Reservation of In-service Doctors in PG Medical Admission : Supreme court reserves order



Source: PTI
7 comment(s) on Follow MCI Norms: SC Constitution Bench Says No To State Reservation For In-Service Candidates

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  1. user
    Ashutosh Kumar Pandey April 27, 2018, 10:48 am

    MCI recommended system does seem to be more transparent.

  2. What are all the amendments in the regulations, and judgements merit to be a priority and certainly NEET the greatest exercise found useful to maintain minimal standards or else profession will collapse sooner than later, and downfall has already started but when some one becomes sick they want the best talented to take of oneself , today many patients are consulting many known people whether the doctor is competent incompetent to save ones life
    DARWIN\’S THEORY STARTED IN MEDICAL PROFESSION

  3. user
    Dr.Dharmendra Kumar April 27, 2018, 8:11 am

    In many states in India medical education cadre is not separate and is still working with basic cadre post of health services. This type of continuation of arrangement created problem with three year degree courses in want of senior residency post MD/MS. State govt. opted for senior resident from in service Govt Doctors and this caused loss of opportunity to many MD/MS degree holder who are not serving at govt post due to suspension of fresh appointment by govt due to some unavoidable reason. Due to this in many state there is shortage of trained degree holders to get appointment to those teaching posts and in many states govt. is running medical colleges by retired professors by adhoc/contractual appointment which is a problem for medical college and Medical colleges facing de recognisation of MCI due to shortage of faculty. So, in service Doctors should be promoted for MD/MS courses to fulfill the need of teaching cadre post in those states till modification in appointment process by respective states. incentive marks to serving Doctors is not appropriate and state govt sholud directly nominate Doctors with clear records for training to MD/MS seats in which there is shortage of faculty position.

  4. user
    Dr gulam Malik jk I\'ma presidient April 26, 2018, 3:36 pm

    Every state should implement thisjudgement to slot seats as per mci rules including jk state.w here we have lot of political quotas benefit ministers police officers betrayed gender thus meritorious students left to twenty p.c
    In open merit with choice in least impt.subjects.mci should ask jk nope to remove all categories except mci recognised in MBBS MD .ms pg courses facility selections otherwise cancel list.in in jk it is jk rules not mci which is working
    Dr Malik gulam srinagar

  5. Traditionally Govt doctors used to get 15 to 20% as their quota. They influenced Govt and raised quotas to 50% which is grossly unfair. The aggrieved have gone to court and now they lost all quota. A sense of fairness is required for any demand.