States have power to provide PG admissions quota to govt doctors serving in remote areas, rules SC

The Supreme Court on Monday allowed states to make a special route and quota for in-service doctors, working at primary health centres and other government facilities, in admission to post-graduate degree courses.

A five-judge Constitution bench presided over by Justice Arun Mishra said that the Medical Council of India regulation that barred such a reservation was "arbitrary, discriminatory and violative of Articles 14 and 21 of the Constitution".

"The state has the legislative competence and/or authority to provide for a separate source of entry for in-service candidates seeking admission to post-graduate degree/diploma courses, in the exercise of powers under Entry 25, List III," the bench said.

The court said the role of the MCI was limited to laying down of standards.

The court, however, said such doctors, after completing their degrees, must serve in rural, tribal and hilly areas.

The bench, also comprising Justices Vineet Saran, Indira Banerjee, M R Shah and Aniruddha Bose, delivered the verdict on writ petitions filed by Tamil Nadu Medical Officers Association and others.

The court agreed to the petitioner's argument that if the right of the states to provide reservation for in-service doctors in postgraduate degree and diploma courses was not recognised, the ultimate sufferer would be the public health and the common people, particularly those residing in rural, tribal and hilly areas.

The petitioners, including doctors from Kerala, Maharashtra and Haryana, contended giving reservation benefits would encourage those working in government hospitals and in rural areas.

They challenged the validity of the post-graduate Medical Education Regulations-2000, framed by the Medical Council of India.

Notably, 50% seats in PG diploma courses are reserved for medical officers in the government service but the MCI regulations barred it in PG degree courses.

All the seats to the PG degree courses are conducted through the National Eligibility-cum-Entrance Test (NEET). 50% of seats are filled through all India quota and the remaining 50% from state quota.