Admission To Medical PG Courses: Madras High Court Upholds Prospectus Clause Enabling In-Service Candidates To Compete In Open Category

The Madras High Court has dismissed a writ petition challenging Clause 29(c) of the Prospectus issued for filling up seats in Medical PG Courses, which allows even in-service candidates who offered their services in difficult terrains to compete for seats in the Unreserved Category, with the aid of additional weightage given to their marks. Justice M. Dhandapani observed as follows: "…the State is empowered to create channels of selection by prescribing quotas for open category and in-service candidates, but the State is also within its powers to lay down norms with regard to the basis in which the merit list is to be prepared for determining the inter se merit of the candidates competing in the two different categories and how the inter se merit is to be arrived at by considering the marks obtained by the candidates in the eligibility test conducted by the testing agency coupled with the incentive marks awarded to the in-service candidates. Precluding the State from exercising the powers conferred on it by the Constitution, more especially Entry 25 List III of the Constitution would be denuding the State of its power, which has been given to it by the Constitution and as approved by the Hon'ble Supreme Court." The court also pointed out that the petitioners have not challenged G.O. Ms. No.463 in and by which the incentive marks, that were awarded to in-service candidates were allowed to be counted while finalising the inter se merit of the candidates in the open category. "Without there being a challenge to the said Government Order, the basis on which the subsequent order has flown resulting in grant of incentive marks and counting the same along with the eligibility marks obtained in NEET while arriving at the inter se seniority in the open category cannot be tested on the touchstone of the Constitutional provisions...", the court concluded. While dismissing the writ petitions, the court upheld the validity of the contentious norm contained in S.29(c) of the impugned prospectus, allowing them to compete and avail incentive weightage to in-service candidates working in difficult terrains in 50 per cent Open Category. Background The petitioners claimed that they are Post Graduate Aspirants who have appeared in National Eligibility-Cum- Entrance Test (NEET) Exam and secured All India Ranks. The petitioners, including Dr. Parkaviyan and others, contended that the impugned Serial No.29 (c) in the prospectus issued by Selection Committee, Directorate of Medical Education, for admission to Post Graduate Degree/Diploma courses in Tamil Nadu Government Medical Colleges and Government seats in Self-Financing Medical Colleges affiliated to the Tamil Nadu Dr. M.G.R. Medical University for 2021-2022 as arbitrary and violative of Article 14. Arguments Raised For Petitioners The counsel for the petitioners, Advocate Suhrith Parthasarathy argued that the impugned clause is ultra vires the Constitution and Post-Graduate Medical Education Regulations, 2000. Therefore, the petitioners also challenged the consequential GO (D) No. 1108 dated 4th December 2021 for selection of candidates to PG Medical courses under State Wise Quota based on the contentious clause 29(c) in the Admission Prospectus. Clause 29 (c) permitted in-service doctors to apply for the remaining 50 per cent seats in Open Category, in addition to the 50 per cent seats reserved exclusively for in-service candidates. By virtue of Rule 9(4) of the PG Medical Education Regulations, a merit list is prepared at All India Level and State Level based on the marks secured by the candidates in NEET Exam. Presently, 50 per cent of the seats to post-graduate degree courses are allocated towards the All-India Quota and the remaining 50% seats are allocated to the Tamil Nadu Government Medical Colleges and Government seats in Self-Financing Medical Colleges. The impugned clause in the prospectus reads as given below: "…Out of the 50% seats in State Government quota, 50% of the seats will be exclusively allocated to in-service candidates serving in Government health institutions in the State of Tamil Nadu and remaining 50% of seats will be allocated to Open category which will be open to both service and non-service candidates. The seats in above categories will be filled up based on the marks already defined or such criteria to be defined by the Government from time to time…" The petitioners clarified that they were not against the reservation of 50% for in-service candidates and also the weightage granted to the in-service candidates for rendering service in remote/difficult/hilly/rural areas, and adding the said weightage to their NEET score to arrive at the overall merit within the in-service quota. However, they vehemently countered the application of the same to the Open Category. The petitioner also argued that the impugned clause confers an undue...

Admission To Medical PG Courses: Madras High Court Upholds Prospectus Clause Enabling In-Service Candidates To Compete In Open Category

Sebin James

Can't preclude State from exercising its powers conferred by the Constitution, the Court said.

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