A bench of Justices K S Radhakrishnan and Dipak Misra said since in-service doctors are already having a separate quota for PG admission if they intend to compete in the open category they can do only like any other meritorious candidate.
"We are of the view that such encroachment or inroad or appropriation of seats earmarked for open category candidates (direct admission category) would -- definitely affect the candidates who compete strictly on the basis of the merit," Justice Radhakrishnan writing the judgement said.
The apex court allowed the appeal by aggrieved open quota candidates challenging the Odisha government's decision to grant additional weightage for in-service doctors in the open category despite, though they already have a separate quota.
"The in-service candidates are also free to compete through the open category just like any other who fall under that category," the bench said.
Satyaprata Sahoo and others who appeared in the entrance exams for PG (Medical) Selection 2012, Odisha had challenged the validity of Clause 11.2 of the prospectus for selection of candidates for PG (Medical) courses in government medical colleges as violative of Constitution's Article 14 (equality).
For the MD/MS courses, 87 seats were already reserved for serving doctors under the in-service category and under open quota another 86 seats were available.
But the impugned clause gave an additional weightage in the open quota for doctors employed with Odisha government, its undertakings, Central government, its undertakings, public sectors and those who had worked in rural, tribal or backward areas. (More)
