A division bench comprising Justices Huluvadi G Ramesh and Justice RMT Teekaa Raman passed the order on a batch of petitions filed by in-service candidates challenging a single Judge's ruling related to grant of incentive marks.
The Single judge had held that incentive marks for in-service candidates should be awarded only based on the MCI's Post Graduate Medical Education Regulations 2000 and not on the basis of the prospectus issued by the state Government.
He contended that as per a clause in National Board of Examinations, rules enacted by concerned states would be applicable for rural candidates, who are in service.
Hence, the states were empowered to conduct counseling for PG courses for state quota seats using the NEET PG marks along with the guidelines and reservation policies prevailing in the respective states, the counsel argued.
It was on the basis of the marks obtained by the candidates in the NEET, the state government had to prepare the list, he added.
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