Can Aspirants from any discipline Apply for DM Medical Genetics? SC asks Centre, NMC

The Information Bulletin/Prospectus of NEET SS 2021 dated August 31, 2021, published by the National Board of Examinations (NBE) has also been challenged by the Society as it has made the aspirants from broad specialities eligible to apply for the course, reports Live Law.

Seeking a response from the Centre and NMC within two weeks, the Supreme Court bench of Justices DY Chandrachud and BV Nagarathna issued notice regarding the plea on Friday, adds PTI.

Such a plea has been filed with contention on the part of the petitioner society that all these eligibility instructions oppose the Guidelines prescribed by the National Medical Commission (NMC) and the society has pointed out that NMC, the apex medical education regulatory body allows applicants from only three disciplines including Medicine, Pediatrics, and Obstetrics-Gynecology.

Contending that allowing candidates from non-clinical disciplines and relaxing the eligibility criteria would be arbitrary and contrary to the interests guaranteed under Article 21 of the Constitution, the plea has also sought a relief to stay the implementation of Information Prospectus of NEET SS 2021 dated August 31, 2021 for admitting DM Medical Genetics candidates to the extent it allows applicants from any medical discipline other than those three disciplines during the pendency and final disposal of the petition.

Besides, the plea also seeks to issue directions to Central Government, NMC, and NBE for appointing expert member from Medical Genetics on any committee established to make a decision upon any issue related to the specified medical field.

Filed by the petitioner society, which is a body of experts in the field of Medical Genetics in India, the plea is likely to be considered by the Supreme Court bench led by Justice DY Chandrachud on October 1.

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As per the latest media report by Live Law, filed through Advocate on Record Sudhanshu S Chaudhari, the petition has requested the court to issue directions to lay down specific eligibility criteria in consonance with NMC Guidelines 2021 for the admission to the course of DM/DrNB (Medical Genetics) in India and also plan the entrance test for admission in such a course after due consultation with the experts who would have a DM/DrNB qualification in Medical Genetics.

It has been pointed out by the petitioner society that the current eligibility criteria opposes the NMC Guidelines 2021, directions of the Oversight Committee (OC) constituted by the Top Court in Modern Dental College and Research Centre and Ors v State of Madhya Pradesh and Ors (Civil Appeal No 4060 of 2009), Post Graduate Committee of the erstwhile Medical Council of India, and opinion of specialists adept in the field of Medical Genetics.

Thus, pointing out that even though the recommended eligibility criteria allows candidates from General Medicine, Pediatrics or Obstetrics & Gynecology to apply for the course, the current eligibility criteria enables all postgraduates students in medical discipline apply for the same, the plea states, "The premier institutes in the country viz All India Institute of Medical Sciences (AIIMS), Post Graduate Institute of Medical Education & Research(PGI), Chandigarh, who conduct their own entrance tests for selection to the same course, allow the applicants only from specific clinical disciplines, hence the distinction in eligibility by the MCI/NMC, and the PG Regulations, 2000 (reiterated in Draft Regulations,2021 and NEET-SS 2021-2022) is totally irrational, arbitrary, have no reasonable basis, hence contravenes Article 14."

Advocate Sudhanshu S Choudhari, appearing for the NGO, Society of Indian Academy of Medical Genetics, drew the attention of the court to a Delhi High Court verdict of August 21, last year by which their plea was dismissed on the ground that the petitioner has no locus and it has no personal interest involved in the outcome of the petition.

He told the bench that the erstwhile Medical Council of India (MCI) had inquired into the nature of qualifications required for a super-specialization in Medical Genetics.

Choudhari said that the Post Graduate Committee, at a meeting held on March 7, 2018, concluded that DM (Medical Genetics) entails clinical evaluation of patients and only post-graduates in clinical disciplines should be considered eligible.

He said that the guidelines framed by the National Medical Commission on February 25, 2021, specify that the eligibility for DM (Medical Genetics) would be a post-graduate degree in Medicine, Pediatrics, or Obstetrics and Gynaecology.

The lawyer further added that the Information Bulletin which has been issued for the NEET-SS Examination for 2021 indicates that for the DM/DrNB course in Medical Genetics, any MD, MS, DND - broad-specialty programme fulfills the eligibility requirement.

"AIIMS Delhi and PGIMR Chandigarh require an MD from the streams of General Medicine, Obstetrics and Gynaecology or Pediatrics for admission to the same course," he told the bench, which noted his submission in its order.