Back
2017 Supreme(Mad) 729
IN THE HIGH COURT OF JUDICATURE AT MADRAS
PUSHPA SATHYANARAYANA, J.
Dr. Rajesh Wilson – Petitioner
Versus
The Secretary to Government, Health and Family Welfare Department – Respondent
W.P. No. 6031 of 2017 and W.M.P. No. 6455 of 2017
Decided On : 17-04-2017
For the Petitioner: Mr. G. Justin.
For the Respondents: Mr. T.N. Rajagopalan, Mr. V. Anandhamurthy and Mr. V.P. Raman.
Headnote:
Medical Council of India Act, 1956 – Section 20 and 33 – Post Graduate Medical Education Regulations, 2000 – Regulation 9 – Competent Authority – National Eligibility – Writ Petition has been filed seeking for a direction to respondents to implement Post Graduate Medical Education Regulations, 2000 by adding mark completed his degree and joined Government service through MRB Exams was posted as Assistant Civil Surgeon at Government Primary Health Centre which is notified as tribal remote hilly area as per Government Order of Tamil Nadu – Petitioner had appeared for post graduate entrance examination and obtained All India Rank petitioner had served in tribal area eligible for incentive marks – Held, Sanction of Central Government – While so State cannot adversely affect standards laid down by Centre above Regulations are binding and States cannot make any law which is in conflict with or adversely impinge upon Regulations made by MCI award of incentive marks for in-service candidates is linked to performance NEET and also the length of service in remote and difficult areas in State cannot have its own rationale to arrive at a different calculation in awarding of 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 provision has been brought into force in larger public interest and not merely to provide institutional preference or for that matter to create separate channel for the in-service candidate, much-less reservation unfathomable as to how such a provision can be said to be unreasonable or irrational –Writ Petition is disposed.on marks secured by petitioner in NEET examination – Writ Petitioner is a Doctor having
1. This Writ Petition has been filed seeking for a direction to the respondents 2 and 3 to implement Regulation 9(4) of the Post Graduate Medical Education Regulations, 2000 by adding 30% mark on the marks secured by the petitioner in the NEET examination while preparing the rank list for admission to Post Graduate Course in 50% reserved category for Government Servants for the academic year 2017-2018.
2. The Writ Petitioner is a Doctor having completed his M.B.B.S. degree and joined Government service through MRB Exams. He was posted as Assistant Civil Surgeon at Government Primary Health Centre, Sholayar Nagar, which is notified as tribal remote hilly area as per the Government Order of Tamil Nadu. The petitioner had appeared for the post graduate entrance examination (NEET PG) for the academic year 2017-2018 and secured 874.5825 marks and obtained All India 26525th Rank. As the petitioner had served in the tribal area, he is eligible for incentive marks at the rate of 10% of the marks obtained for each year of service up to the maximum of 30% of the marks obtained in National Eligibility cum Entrance Test. The petitioner being an in-service candidate, is not eligible for the All India quota and he can apply only under the State quota.
3. The challenge in the Writ Petition is now to the clause in Chapter VI, which deals with the merit list in the prospectus for the Tamil Nadu Government Post Graduate Degree/Diploma Courses in Tamil Nadu Government Medical Colleges, Government seats in Self Financing Medical Colleges affiliated to the Tamil Nadu Dr. M.G.R. Medical University and Rajah Muthiah Medical College (Annamalai University) 2017-2018. The said merit list as mentioned in the prospectus, shows that the list will be drawn for a total mark of 100 by computing the Entrance Examination (NEET PG 2017) marks and the marks for experience (90 Entrance Examination (NEET PG 2017) + 10 marks for experience). Clause 17(b) says that service candidates shall be awarded one mark per year of service in rural areas, two marks per year of service in hilly and remote/difficult areas and two marks per year of service in any Government Hospitals, Primary Health Centres and Government Medical Colleges, Hospitals of Thiruvarur, Nagapattinam and Ramanathapuram Districts limited to a maximum of 10 marks. Altogether, the total marks awarded for experience will be restricted to 10 marks to all candidates including candidates from rural, hilly and remote/difficult areas and three districts mentioned above. Accordingly, the marks awarded for Entrance examination (NEET PG 2017) is Maximum 90 marks. Experience marks for all candidates (both service and non-service) is limited to a maximum of 10 (i + ii + iii).
(i) One mark per year for experience after CRRI (All candidates)
(ii) Marks for service candidates served in rural, hilly and remote/difficult areas:
(a) Rural area - 1 mark per year
(b) Hilly area - 2 marks per year
(c) Remote/difficult area - 2 marks per year
(iii) Two marks per year of service candidates who have worked in any Government Hospitals, Primary Health Centres and Government Medical College Hospital of Thiruvarur, Nagapattinam and Ramanathapuram Districts.
This method of computation is now being challenged by the petitioner.
4. Heard Mr. G. Justin, learned counsel appearing for the petitioner, Mr. T.N. Rajagopalan, Special Government Pleader (Education), Assisted by Mr. V. Anandhamurthy, Additional Government Pleader appearing for respondents 1 to 3 and Mr. V.P. Raman, learned counsel appearing for R4 and perused the materials available on record.
5. According to the Writ Petitioner, Regulation 9 of the Post-graduate Medical Education Regulations, 2000, prescribes the procedures for selection of candidates for post-graduate courses. Clause IV of Regulation 9 is as follows:-
IV. The reservation of seats in medical colleges/institutions for respective categories shall be as per applicable laws prevailing in States/Union Territories. An al
