2017 Supreme(Mad) 1308
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RAJIV SHAKDHER & R. SURESH KUMAR, JJ.
Dr. Praneetha S. – Petitioner
Versus
State of Tamil Nadu Rep by Secretary to Government, Health and Family Welfare Department – Respondent
W.P. Nos. 12246, 12382 to 12386, 12424, 12425, 12582 to 12585, 13088 of 2017 and W.M.P. Nos. 13040, 13134 to 13138, 13183 to 13186, 13382, 13384, 13386, 13388, 13974, 16113, 16114, 16115, 16116, 16119 of 2017
Decided On : 16-06-2017
For the Petitioners: Mr. T.R. Rajagopalan, M/s. A. Dev Narendran, Mr. G. Justin, Mr. M.A. Balasubramanian, Mr. K.S. Karthik Raja, Mr. G. Rajkumar, Mr. K.M. Vijayan, M/s. K.V. Sanjeev Kumar, Ms. G. Thilagavathy, M/s. K.V. Sanjeev Kumar, Mr. R.N. Amarnath and Mr. G. Sankaran.
For the Respondents: Mr. C. Mani Shankhar, Mr. T.N. Rajagopalan, Mr. V.P. Raman and Mr. D. Ravichander.
Headnote:
Post Graduate Medical Education Regulations, 2000 - Regulation 9(IV) - Criteria for identifying - Weightage-marks - Preparing final merit list State Government has accorded without providing a criteria for identifying remote and/or difficult areas remote and/or difficult areas are not identified based on a known reasonable and/or rationale criteria according to petitioners there is every chance that weightage-marks being given to undeserving candidates batch of writ petitions which presents us with a classic situation which is that many times policy matters embarked upon with best of intentions can go awry, during implementation – Held, Whether situation, as it obtains, would further or dilute professional standards, in field of medicine – While there is no gainsaying that incentives have to be given, to ensure that, in very least, primary health care is made available in remote and/or difficult areas cannot be done in a manner that it completely erodes merit – Our sense of the matter is, in the instant case, merit has been given a complete go-by – Relevant to note matter came up for hearing for first tie was made clear that admission, if made, or, to be made, would be subject to the final outcome of the writ petitions because of urgency petitions were placed before Division Bench – Petitions came up for hearing before us, official respondents were directed not to fill up any seats, which were lying vacant on that order has continued to assured by learned AAG that interim order, issued by the Court, in the first instance, was made known to candidates who sought admission to postgraduate courses – Appeal disposed.
1. This is a batch of writ petitions, which presents us with a classic situation, which is, that many times policy matters embarked upon with best of intentions can go awry, during implementation.
1.1. In a sense, this is a second round of litigation, at least, for some of the litigants before us.
2. The core issue, which, we are called upon to consider is: as to whether the official respondents, i.e. respondents 1 to 3, (hereafter collectively referred to as "the State Government") have acted in accordance with the proviso to Regulation 9(IV) of the Post Graduate Medical Education Regulations, 2000 (hereafter referred to in short PG Regulations of 2000).
2.1. The proviso to Regulation 9(IV) of PG Regulations of 2000 requires, or rather, empowers the State Government to grant weightage-marks, while determining the merit of the candidates, who are either in its service or in the service of public authorities.
2.2. The weightage, which the State Government can accord, as per the said proviso, spans between 10% and 30% of the marks, obtained by a candidate in the National Eligibility- cum-Entrance Test Post Graduate (in short "NEET-PG").
2.3. The weightage so given is inextricably tied-in with the number of years of service rendered by a candidate in a remote and/or difficult areas. The proviso also makes it clear, in no uncertain terms, that the State Government shall have the power to define what are remote and/or difficult areas.
2.4. It is, in fact, as indicated above, the nub of the problem.
3. The assertion made by various petitioners before us, is that in preparing the final merit list, the State Government has accorded weightage, without providing a criteria for identifying remote and/or difficult areas. Therefore, if, the remote and/or difficult areas are not identified, based on a known, reasonable and/or rationale criteria, according to the petitioners, there is every chance that weightage-marks being given to undeserving candidates.
3.1. As a matter of fact, the charge levelled by the petitioners is that weightage has been given to candidates, who are in Government service and have served in areas, which do not qualify as remote and/or difficult areas.
4. Before we proceed further, we may also indicate that the baseline for us, is, the judgment of the Supreme Court rendered in State of Uttar Pradesh and Another vs. Dinesh Singh Chauhan, 2016 (9) SCC 749. This was a case, in which, the Supreme Court was dealing with the appeals, which arose out of two separate judgments, rendered by the Allahabad High Court and a petition filed under Article 32 of the Constitution.
4.1. In the course of the adjudication, the Supreme Court was called upon to deliberate on the issue as to whether the norm specified in Regulation 9 of PG Regulations of 2000, for according weightage, was excessive and/or unreasonable. In the context of this issue, the Supreme Court, inter-alia, made the following observations:
(i) That Regulation 9 was a complete code.
(ii) That no State or any Authority could enact any law, much less, issue an executive instruction, which may undermine the procedure for admission to postgraduate medical courses, as envisaged under the Central Legislation and Regulations framed thereunder. The Court, in this behalf, rooted the power of the Parliament in Entry 66 of List I in Schedule VII of the Constitution.
(iii) Regulations had been framed by an expert body, i.e., the fourth respondent [the Medical Council of India (in short, MCI)] based on the past experience. In other words, the Court granted its seal of approval to the proviso, which incentivised rendering of service by Doctors in the notified remote and/or difficult areas of the State.
(iv) Lastly, the proviso to clause (IV) of Regulation 9 passed the test of Article 14 of the Constitution, as it was held to have been engrafted in the Regulation in the larger public i