NEET PG 2018: SC refuses to allow 50% reservation for in-service candidates

NEW DELHI, April 27 : A five-member Bench of the Supreme Court, comprising the Chi e f Justice of India Dipak Misra and Justi ces AM Khanwilkar, DY Chandrachud, AK Sikri and Ashok Bhushan has turned down a petition filed by the Tamil Nadu Medical Officers Association demanding for 50% reservation for in-service candidates in state quota seats. The Bench has also directed the Tamil Nadu Government to only conduct the NEET PG counselling process as per the current amended regulations specified by the Medical Council of India (MCI).

The Tamil Nadu Medical Officers Association and others had tried to forward their case by bringing and challenging the provisions of Regulation 9 (IV) and 9 (VII) of the Post Graduate Medical Education Regulations, 2000, which are concerned with the reservation policy for 50% State Quota seats and incentive marks for in-service doctors . As per the petitioners, instead of granting incentive marks to government doctors serving in remote and difficult rural areas in PG admissions, the state government should be allowed to continue with its own quota policy and have the authority to make reservation in favour of in-service candidates for admission to PG medical courses.

MD/MS and PG Diploma Seats in medical courses across the country are filled on the basis of NEET PG marks. Of these seats, 50 percent are filled by the Centre and 50 percent are filled by the states. The Government of Tamil Nadu was seeking autonomy in being able to decide how the 50% State Quota seats would be filled and thus challenged the MCI regulations to be able to fill half the state quota seats with i n-service doctors.

What the regulations say

According to the Regulation 9 (IV) of the Post Graduate Medical Education Regulations, 2000 , “The reservation of seats in Medical Colleges/Institutions for respective categories shall be as per applicable laws prevailing in States/Union Territories. An all India merit list as well as State-wise merit list of the eligible candidates shall be prepared on the basis of the marks obtained in National Eligibility-cum-Entrance Test and candidates shall be admitted to Postgraduate Courses from the said merit lists only.”

As further added through a Gazette Notification dated March 25, 2009, “...in determining the merit of candidates who are in service of government/public authority, weightage in the marks may be given by the Government/Competent Authority as an incentive up to 10% of the marks obtained for each year of service in remote and/or difficult areas or Rural areas up to maximum of 30% of the marks obtained in National Eligibility-cum-Entrance Test. The remote and/or difficult areas or Rural areas shall be as notified by State Government/Competent authority from time to time.”

As per R egulation 9 (VII) as laid down in Medical Council of India Post-Graduate Medical Education Regulations 2000, as amended on 15 February 2012, “50% of the seats in Postgraduate Diploma Courses shall be reserved for Medical Officers in the Government service, who have served for at least three years in remote and/or difficult areas and/or Rural areas. After acquiring the Postgraduate Diploma, the Medical Officers shall serve for two more years in remote and/or difficult areas and/or Rural areas as defined by State Government/Competent authority from time to time.”

The arguments

The TN Medical Officers Association argued that if Regulation 9 (VII) allowed for 50 percent reservation for in-service doctors in diploma courses, then the same should also be applicable for granting admission in PG courses, in place of the current system of only granting incentive marks as it was not to the benefit of candidates serving in the rural areas. The petitioner s also contended that the regulation did not stop the State from interven ing in the merit list prepared for 50% State Quota seats and determining admissions.

The petitioners for the MCI however argued that the reservation provision of Regulation 9 (IV) clearly indicated that the reservation which a state c ould provide should be constitutional and not on the basis of service provided by the candidate.

What the Supreme Court decided

The first part of the R egulation 9 (IV) was cited by Justice Chandrachud when he observed “There may be only two merit lists- the All India list and the state list…there cannot be a quota within the state list…”

The SC further declared that any attempt to change the interpretation of Regulation 9 (IV) would disturb the balance between Entry 66 of List 1 (Union List), which gives the Centre power to determine the standards in higher education institutions and set merit norms accordingly, with Entry 25 of List 3 (Concurrent List) which gives power to the State to legislate on the manner and method for admissions to higher education institutions. The Bench stated that the powers granted to States through Entry 25 of List 3 will always be subject to Entry 66 of List 1, which will be given primacy.

“ Any attempt at this stage to read into Regulation 9 (IV), a separate source of entry or a reservation for in-service candidates in degree courses would impinge upon Entry 66 of List I and the exercise of regulatory powers under the central statute”, the Bench declared, before concluding that interim relief cannot be granted to the petitioners as requested. The concerned authorities were asked to proceed with the Tamil Nadu PG medical counselling for the 50% State Quota seats as per the MCI regulations.

Status of Tamil Nadu PG Medical Counselling

Admissions to 50% PG medical seats in Tamil Nadu through NEET PG are currently halted. Till now, only the application form has been released by the authorities. There has been no notification released by the authorities since April 9, 2018, with the last official communication declaring that the admission process has been postponed until further notice.