Clearing the decks for commencement of admissions to post graduate medical courses, the Madras High Court today dismissed petitions seeking reservation of 50 per cent seats in PG diploma courses under the all India quota to in-service candidates.
The court, in its interim order, had yesterday directed the Director General of Health Services and state selection committee not to allot seats for PG medical courses to any student, both under the all India quota and state quota, until further orders.
The authorities can go on with the counselling process, but shall not allot seats till further orders, Justice S Vaidyanathan had said.
Dismissing pleas filed by C Sudhan and six others, the judge today said "a reading of regulation 9(IV) and 9(VIII) of PG Medical Education regulation 2000 makes it very clear that percentage cannot be taken into account while preparing all India merit list."
"... Regulation 9(IV) and 9(VIII) cannot be applied to the all India quota counselling and the marks obtained under the NEET exam alone can be taken into account."
The court made it clear that there cannot be any application of percentage of marks for in-service candidates.
The petitioners' demand that there shall be a reservation of 50 per cent of seats in PG diploma courses cannot be acceded to, the judge said, dismissing the petitions.
This will enable commencement of admissions in PG medical courses.
According to C Sudhan and six others, they are in-service candidates working as assistant surgeons in Tamil Nadu Medical Services.
They have appeared for 'NEET PG 2018' and secured more than 50 per cent marks and thereby declared as eligible for admission to PG medical courses.
"The places we serve are notified as remote/difficult areas by the state government and thereby we are entitled for additional weightage marks as per Regulation 9 (IV) of PG Regulations 2000 under all India quota seats."
"But authorities are proceeding to conduct counselling for admissions to PG courses without awarding such weightage marks for in-service candidates," they said.
They claimed that the move was in violation of Medical Council of India regulations.
It would affect the interest of the petitioners, who were entitled for weightage marks for service rendered by them in remote/difficult areas for determination of merit in selection, it was submitted.
They claimed that even in admissions made during the last academic year, authorities have failed to allot the mandated 50 per cent seats to service candidates as required by the regulations.
The petitioners sought a direction to DGHS to comply with Post Graduate Medical Education Regulations in admissions to PG medical courses and award due weightage marks for service rendered in remote/difficult areas and to reserve 50 per cent seats for such service candidates under All India quota.
In another case, Justice Vaidyanathan declared as illegal two state government orders granting incentive marks to in-service candidates for admission in PG medical courses.
While one order classified remote and difficult areas under three categories, another order amended it.
"The exercise made by the committee based on which the government orders in question are issued are liable to be interfered with and hence both government orders are declared to be illegal," the judge said.
The judge was allowing pleas by Dr P Pravin and three others.
The petitioners alleged that the procedure adopted by the state government in identifying remote and difficult areas for awarding incentive marks was violative of Supreme Court orders.
They also sought quashing of the government orders and a direction to the government to evolve the procedure under the National Health System Resource Centre.
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