No more 50% quota for govt docs in PG med admissions: HC
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A Subramani
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Chennai:
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Admissions to postgraduate
medical courses in Tamil Nadu will not be the same again. The Madras
high court on Saturday ruled that the state must follow only Medical
Council of India regulations in awarding incentive marks to government
service doctors. It also did away with the three-decade-old practice of
reserving 50% of government quota seats to in-service candidates.
As a
result, there will be no reservation for in-service candidates as
contemplated in the prospectus, and marks cannot be awarded for each
year completion of Compulsory Rotatory Residential Internship (CRRI).
The pattern of awarding marks will also not be the state's discretion
and Clauses 16 and 17 of the prospectus were ruled as being contrary to
MCI regulations. The state, however, can define remotedifficult areas.
Instead, in-service candidates in remote and difficult areas would be
entitled to 10% of their NEET-PG marks a
year as incentive, to a maximum of 30% of NEET-PG marks.
Justice M Sathyanarayanan, asked to rule on the issue after the April 3 split verdict by a two-judge bench, said: “The Indian Medical Council Act, 1956, and its various regulations, especially the Post Graduate Medical Education Regulation, 2000, are having primacy . The only leverage given to them (state) is to identify remote and difficult areas.“ Justice M Sathyanarayanan, asked to adjudicate on the issue after the April 3 split verdict by a two-judge division bench, said, “This court is of considered view that the Indian Medical Council Act, 1956, and various regulations framed thereunder, especially , the Post Graduate Medical Education Regulation, 2000, are having primacy .
Therefore, the appellants are bound to follow the same and the only leverage given to them is to identify the remote and difficult areas.“ As for identification of `hill remotedifficult areas' and non-inclusion of medical officers serving in `rural areas', the judge said he recorded the government stand that those serving in rular PHCs would be considered under the category . The SC had clearly held that Regulation 9 of the Post Graduate Medical Education Regulations, 2000, was a “complete code by itself and any law with regard to that will be beyond legislation competent of the state legislation,“ he said. Pulling up Tamil Nadu for ignoring statutory rules, regulations and Supreme Court orders, he said was seeking to “justify the stand on the ground of sentiments and sympathy . For the present piquant situation, they (state government) are alone to be blamed.“
He agreed with senior MCI counsel Vijay Narayan that despite repeated SC pronouncements on the primacy of MCI in medical education, some states chose to frame their own guidelines. Tamil Nadu's prospectus for this year's postgraduate medical education “is one such instance,“ Justice Sathyanarayanan said.
MCI has categorically said the benefit of proviso to Regulation 9 (IV) shall be available only to such in-service candidates who secured the minimum marks and qualified for NEET-PG test. Weightage in marks as an incentive for each year of service in remote andor difficult areas could be granted to deserving in-service candidates only after they secured minimum marks and cannot be provided to qualify the NEET-PG test.
Justice M Sathyanarayanan, asked to rule on the issue after the April 3 split verdict by a two-judge bench, said: “The Indian Medical Council Act, 1956, and its various regulations, especially the Post Graduate Medical Education Regulation, 2000, are having primacy . The only leverage given to them (state) is to identify remote and difficult areas.“ Justice M Sathyanarayanan, asked to adjudicate on the issue after the April 3 split verdict by a two-judge division bench, said, “This court is of considered view that the Indian Medical Council Act, 1956, and various regulations framed thereunder, especially , the Post Graduate Medical Education Regulation, 2000, are having primacy .
Therefore, the appellants are bound to follow the same and the only leverage given to them is to identify the remote and difficult areas.“ As for identification of `hill remotedifficult areas' and non-inclusion of medical officers serving in `rural areas', the judge said he recorded the government stand that those serving in rular PHCs would be considered under the category . The SC had clearly held that Regulation 9 of the Post Graduate Medical Education Regulations, 2000, was a “complete code by itself and any law with regard to that will be beyond legislation competent of the state legislation,“ he said. Pulling up Tamil Nadu for ignoring statutory rules, regulations and Supreme Court orders, he said was seeking to “justify the stand on the ground of sentiments and sympathy . For the present piquant situation, they (state government) are alone to be blamed.“
He agreed with senior MCI counsel Vijay Narayan that despite repeated SC pronouncements on the primacy of MCI in medical education, some states chose to frame their own guidelines. Tamil Nadu's prospectus for this year's postgraduate medical education “is one such instance,“ Justice Sathyanarayanan said.
MCI has categorically said the benefit of proviso to Regulation 9 (IV) shall be available only to such in-service candidates who secured the minimum marks and qualified for NEET-PG test. Weightage in marks as an incentive for each year of service in remote andor difficult areas could be granted to deserving in-service candidates only after they secured minimum marks and cannot be provided to qualify the NEET-PG test.
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