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The Supreme Court Tuesday 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-service 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 per cent 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 per cent of the marks obtained for each year of service in “remote and/or difficult areas or rural areas upto maximum of 30 per cent” of the marks obtained in NEET.
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