Division bench confirms quota, weightage marks for in-service candidates

The bench comprising Justice Paresh Upadhyay and Justice Sathi Kumar Sukumara Kurup confirmed the order of Justice M Dhandapani dated January 12. The verdict was passed on an appeal preferred by Dr R Parkaviyan, a private doctor.

The petitioner had sought a direction to quash the single judge’s order, submitting that the government doctors were getting 50 per cent special reservation as well as 30 per cent weightage marks in the general quota, which was affecting the private doctors. Appearing for the government doctors, senior counsel P Wilson stated that the State government has the power to permit in-service candidates to compete in open quota with weightage marks for serving in the rural and hilly areas. He added that clause 29 (C) of the prospectus was as per the Government Order dated November 7, 2020 and such exercise of the power by the State was not arbitrary.

Recording the submissions, the bench held that clause 29(c) of the prospectus aligned with the Medical Council of India’s Regulation 9 (4) proviso and that power of allocation of admissions by a separate source of entry for in-service candidates has already been confirmed by the constitutional bench of the Supreme Court in a case of Tamil Nadu Medical Officers Vs Union of India in 2018.