“We Hope That The State’s Glorious Past Is Quickly Brought Back”, Madras HC Dismisses Appeal For State Quota In Medical Admission
The Madras High Court on Monday upheld an order passed by a single Judge quashing the State Government’s order providing 85% quota in medical admissions for students from the State Board, leaving only 15% of the total seats for students from CBSE and other boards.
The Bench comprising Justice Nooty Ramamohana Rao and Justice M. Dhandapani dismissed the Appeal filed by the Tamil Nadu Government, holding that the G.O. perpetuated an “artificial classification” among students.
“That objective, as was noticed by us, was already achieved, when they took a common eligibility cum entrance test (NEET), their relative knowledge is tested by a common question paper and a common yardstick of evaluation. When once the relative ranking of merit is determined at the NEET, a further classification of the qualified candidates of the NEET attempted now meanders into an artificial one,” the Bench observed, directing the State Government to take necessary steps to complete the admission process, noting that it had already been delayed.
The Court pointed out that the executive power available to the State under Article 162 can be utilized subject to two legal requisites: (i) it shall not entrench upon any law made by the competent legislature, and, (ii) such power can be used for filling up the gaps, if any, by supplementing the existing legal regime, but not by supplanting the provision having effect of law.
It then noted that the current field was already covered by the sweep of Section 10D of the Indian Medical Council Act read with Regulation 5 (v) of the Graduate Medical Education Regulations, 1997.
The Court went on to lament the unequal distribution of infrastructural facilities across the State, observing that such lack of resources and adequate supervision has led to the “rapid fall of standards of the students”.
“This malady has to be addressed and redressed by the State Government by taking meaningful and substantive measures by creating a check on the failure of performance of duties and fixation of responsibilities on the teachers on the one hand and failure on their part to improve upon the lot of students, on the other, while, at the same time, the best amongst them should be appropriately rewarded. This apart, the State shall also endeavour to ensure that all the students get their knowledge updated by constant revision of the syllabus prescribed by the State,” the Court observed.
It further noted that the State has an obligation to ensure that a competent academic body periodically reviews the syllabus, preferably, every 3 to 5 years. Thereafter, pinning its hopes on the State, the Bench observed, “We only hope that the State Government will endeavour to ensure that the infrastructural facilities provided by them are effectively utilized for securing imparting of the latest knowledge on the subjects and it will not go a waste. We sincerely hope that the glorious past record of this State is quickly brought back.”