The Madras High Court has made it clear that all admissions to post-graduate medical courses can be made only in compliance with the Medical Council of India’s (MCI) regulations, ending weeks of uncertainty.
The third judge appointed by the Court, Justice M. Sathyanarayanan on Saturday announced his decision that the State government is bound to strictly follow and implement PG Medical Education Regulation 2000, more particularly Rule 9 and 9(IV) and ensure full compliance.
On May 3, a Special Division Bench constituted to decide the issue passed a split verdict, following which the Chief Justice Indira Banerjee assigned Justice Sathyanaranan as the third judge to pass his decision.
Binding on government
Now, as Justice Sathyanarayanan has concurred with the findings of Justice S.M. Subramaniam of the Special Bench, the order to follow the MCI regulations will be binding on the State government.
The third judge has, however, upheld the rights of the State as a competent authority to define remote and difficult areas for the academic session 2017-18 for which additional incentive marks are awarded to government doctors serving in such areas.
“It is to be noted at this juncture that the crucial date expires on May 7 and in the event of holding that the said identification is not in consonance with the said proviso, it may create hardships to the successful candidates who had cleared NEET and even otherwise, the proviso gives discretion to the State Government/ authority to define remote and difficult areas and to that extent, the said identification for the academic session 2017-2018, warrants no interference,” the judge said.
Blaming the State government for the current situation, the judge added that the appellants are expected to abide by the statutory rules and regulations and are bound by the orders passed by the apex court, which is the law declared under Article 142 of the Constitution of India.
But for the best of reasons, the State had ignored it and sought to justify its stand on grounds of sentiment and sympathy. Only the government has to be blamed for the present piquant situation, he said.
