Quota for in-service candidates for PG Medical Admission not permissible: Giving Weightage marks for rural service valid: SC [Read Judgment]

Some weightage marks given to eligible in-service candidate linked to performance in NEET and also the length of service in remote and/or difficult areas in the State by no standard can be said to be excessive, unreasonable or irrational, said the bench.The Supreme Court of India has upheld the Allahabad High Court Judgment which quashed the Government notification enabling the State Government to reserve 30% seats for in-service candidates for pursuing post-graduate degree courses. But the Court held that some weightage marks given to eligible in-service candidate linked to performance in NEET and also the length of service in remote and/or difficult areas in the State by no standard can be said to be excessive, unreasonable or irrationalThe Bench comprising Chief Justice TS Thakur and Justices A.M. Khanwilkar and Dr.D.Y.Chandrachud was hearing appeals from two Allahabad High Court Judgments and a Writ Petition praying for a declaration that the third Proviso to Regulation 9(2) of the Post Graduate Medical Education Regulations, 2000 is unconstitutional and violative of Article 14 of the Constitution; and for a direction against the Authorities to refrain from disturbing the selection of the said writ petitioners or to interfere with their Post Graduate studies which they are presently pursuing.In the Petitions, the Allahabad High Court was primarily required to consider the question as to whether the in-service Medical Officers in the State of Uttar Pradesh who had working experience (in areas other than remote and difficult areas), could also be treated as eligible for admission against the reserved 30% quota for in-service candidates in Post Graduate Degree Courses. While considering this issue, the High Court, in the context of Regulation 9, noticed that there was no provision in The Indian Medical Council Act, 1956The High Court proceeded to quash the Government Notification and directed that admissions to Post Graduate “Degree” Courses be proceeded strictly on merits amongst the candidates who have obtained requisite minimum marks in the common entrance examination in question. It also noted that as per Regulation 9, at best, the in-service candidates who have worked in remote and difficult areas in the State, as notified by the State Government/Competent Authority from time to time, alone would be eligible for weightage of marks as incentive at the rate of 10% of the marks obtained for each year of service in such areas upto the maximum of 30% marks obtained in National Eligibility-cum-Entrance Test.The Supreme Court observed that Regulation 9(2) specifically deals with the process of “determining the academic merit” of the eligible candidates. Indeed, the primary consideration for determining the academic merit of the candidates is the marks obtained by the respective candidates in the common competitive test or centralized competitive test held by the concerned Authority. This Regulation does not envisage reservation of seats for the Post Graduate “Degree” Courses, unlike the express provision which is made in the same Regulation to provide reservation of seats for in-service candidates in “Diploma” courses.“The Central Enactment and the Regulations framed there under do not provide for reservation for in-service candidates in Post Graduate “Degree” Courses. As there is no express provision prohibiting reservation to in-service candidates in respect of admission to Post Graduate “Degree” Courses, it was contended that providing for such reservation by the State Government is not impermissible in law. The admission process in the present case is governed by the Regulations which have come into force from Academic Year 2013-14. This Regulation is a self-contained Code. There is nothing in this Regulation to even remotely indicate that a separate channel for admission to in-service candidates must be provided, at least in respect of Post Graduate “Degree” Courses. In contradistinction, however, 50% seats are earmarked for the Post Graduate “Diploma” Courses for in-service candidates, as is discernible from Clause (VII). If the Regulation intended a similar separate channel for in-service candidates even in respect of Post Graduate “Degree” Courses, that position would have been made clear in Regulation 9 itself. In absence thereof, it must be presumed that a separate channel for in-service candidates is not permissible for admission to Post Graduate “Degree” Courses. Thus, the State Government, in law, had no authority to issue a Government Order such as dated 28th February 2014, to provide to the contrary. Hence, the High Court was fully justified in setting aside the said Government Order”, said the Bench.Weightage of marks assigned to in-service candidates The Bench has also examined that question whether the norm specified in Regulation 9 regarding incentive marks can be termed as excessive and unreasonable?In answer to the above question the Bench held that“The real effect of Regulation 9 is to...

Quota for in-service candidates for PG Medical Admission not permissible: Giving Weightage marks for rural service valid: SC [Read Judgment]

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