HC refrains from saying govt’s incentives illegal
In-service candidates for postgraduate medical admission needs to be encouraged, observes court
Madras High Court (File)
CHENNAI: The Madras High Court has refused to declare the State’s provision of incentives to in-service candidates participating in the open category of postgraduate medical admission counseling as illegal.
The first division bench of the High Court comprising Chief Justice SV Gangapurwala and PD Audikesavalu took up a batch of cases seeking to declare the regulation 9 (4) of the postgraduate medical education regulations, 2000 as illegitimate and illegal.
The bench observed that the very purpose and object of giving weightage to the candidates who have served in rural, remote, or hilly areas is to overcome the disadvantage they suffered because of working in such difficult conditions and to enable them to compete with the candidates who have directly applied, after their MBBS course, appeared for the NEET Postgraduate examination.
The weightage marks are only accorded to those who have worked in such rural, remote, and hilly areas.
The intent and object are clear, that is to bring them on par with the candidates who were not in service and observed the bench.
The State is giving weightage to the in-service candidates in the 50 per cent seats which are earmarked only for the state quota. The in-service candidates are to be encouraged to offer their services and expertise to the State, the bench observed.
The policy of providing incentive marks to the in-service candidates and adding the incentive marks for competing with the open category candidates is not barred by any statute, rules, or regulations, observed the bench, and dismissed the petitions.
Under regulation 9 (4) of the postgraduate medical education regulations, 2000 the Tamil Nadu government is allowing the in-service candidates to participate in the open competition category with the advantage of additional weightage marks allotted to them fo r serving in rural, remote, and/or difficult areas, so also by the direction mandating that 50% of the State quota seats in the Post Graduate (MD, MS and MDS) Degree courses in Tamil Nadu government medical colleges and government seats in self-financing medical colleges.
Several petitioners moved the MHC seeking to declare regulation 9 (4) of the postgraduate medical education regulations, 2000 as illegitimate, illegal, and ultra vires the national medical commission Act 2019, as it permits the State to provide incentives to the in-service candidates.
