JUDGMENT

Prayer: W.P. No.22937 of 2021 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorari calling for the records of the 3rd respondent contained in its prospectus 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 session dated 6.10.2021 and to quash Serial No.29 (c) therein as arbitrary, unjust, illegal and ultra vires the Constitution of India and Post-graduate Medical Education Regulations, 2000.

W.P. No.25749 of 2021 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorari calling for the records of the 1st respondent contained in G.O. (D) No.1108 dated 4.10.2021 and to quash the same as arbitrary, unjust illegal and ultra vires the Constitution of India and Post-graduate Medical Education Regulations, 2000.

1. Assailing S. No.29 (c) of the impugned prospectus issued for filling up the seats in the post-graduate degree courses in medicine, under the 50% State quota, in and by which in-service candidates, who had put in service in difficult terrains in the State, were permitted to carry on their weightage marks not only for the reserved seats, but also permitted to compete for the seats under the open category by carrying with them the weightage marks, which is in violation of Article 14 of the Constitution and also the decisions of the Hon’ble Supreme Court, the present petitions have been filed.

2. It is the case of the petitioners that they have completed the bachelors degree in medicine and registered themselves with the Tamil Nadu Medical Council and are aspiring to pursue their post-graduation for which they appeared in the National Eligibility-cum-Entrance Test (NEET) for the year 2021-2022 by securing marks and also securing all India ranks.

3. It is the further case of the petitioners that Regulation 9 (4) of the Post-Graduate Medical Education Regulations, 2000 (for short ‘Regulations, 2000) issued by the 4h respondent provides that a merit list for admission to the post-graduate course will be prepared at All India level and at State level based on the marks obtained by the candidates in NEET. In the State of Tamil Nadu, presently 50% 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. Further, admission for 2021-2022 are governed by the prospectus for admission to post-graduate degree/diploma courses in Tamil Nadu Government Medical Colleges and Government seats in Self-Financing Medical Colleges. The grievance of the petitioners herein is to S. No.29 (c) of the impugned prospectus wherein a stipulation has been made that “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 .....”.

4. It is the further case of the petitioners that the provision at S. No.29 (c) is manifestly arbitrary, disproportionate and ex-facie illegal and the respondents have acted beyond the power granted to them as the Regulations, 2000 have not only assigned weightage to in-service doctors from remote/difficult/hilly/rural areas within the 50% seats allotted exclusively to in-service doctors, but also permitted in-service doctors to apply in the open category and have granted the same weightage