Include ESI dispensaries for incentive marks: HC
TNN | Mar 28, 2019, 10.19 AM IST
CHENNAI: The Madras high court on Wednesday directed the state government to include ESI dispensaries located in hilly/remote/rural areas in the list of institutions eligible for awarding incentive marks to in-service candidates for admission to post-graduate medical courses.
Justice Pushpa Sathyanarayana passed the direction while allowing a plea moved by 10 ESI in-service candidates, including M Sathya.
The petitioners sought the court to quash the government order dated March 6, which excluded ESI dispensaries coming under ESI scheme in Tamil Nadu for the purpose of categorisation of remote/ difficult/rural areas for awarding incentive marks to the in-service candidates for admission to Post Graduation Medical Courses as per Regulation 9(iv) of Post Graduate Medical Education Regulation, 2000.
Allowing the plea, the judge said, “If the authorities are of the opinion that there is a disparity between doctors in ESI dispensaries and PHCs in terms of workload, it is a separate issue to be addressed by the government. When the categorisation of areas is based on geographical classification, the ESI dispensaries cannot be left out in extending the benefits of incentive marks.”
Moreover, for categorising the doctors, the nature of the duties being performed by them cannot be the criteria and only classification permitted by the regulation is the geographical difficulty and / or remoteness of the areas, the court added.
The court then directed the state to include the ESI dispensaries located in the classified areas as has been done in the previous academic year and draw the merit list, as scheduled, thereafter and extend the benefit of incentive marks to the doctors working in ESI dispensaries, including the petitioners, if the same are located in the classified areas.
TNN | Mar 28, 2019, 10.19 AM IST
CHENNAI: The Madras high court on Wednesday directed the state government to include ESI dispensaries located in hilly/remote/rural areas in the list of institutions eligible for awarding incentive marks to in-service candidates for admission to post-graduate medical courses.
Justice Pushpa Sathyanarayana passed the direction while allowing a plea moved by 10 ESI in-service candidates, including M Sathya.
The petitioners sought the court to quash the government order dated March 6, which excluded ESI dispensaries coming under ESI scheme in Tamil Nadu for the purpose of categorisation of remote/ difficult/rural areas for awarding incentive marks to the in-service candidates for admission to Post Graduation Medical Courses as per Regulation 9(iv) of Post Graduate Medical Education Regulation, 2000.
Allowing the plea, the judge said, “If the authorities are of the opinion that there is a disparity between doctors in ESI dispensaries and PHCs in terms of workload, it is a separate issue to be addressed by the government. When the categorisation of areas is based on geographical classification, the ESI dispensaries cannot be left out in extending the benefits of incentive marks.”
Moreover, for categorising the doctors, the nature of the duties being performed by them cannot be the criteria and only classification permitted by the regulation is the geographical difficulty and / or remoteness of the areas, the court added.
The court then directed the state to include the ESI dispensaries located in the classified areas as has been done in the previous academic year and draw the merit list, as scheduled, thereafter and extend the benefit of incentive marks to the doctors working in ESI dispensaries, including the petitioners, if the same are located in the classified areas.
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