The Madras High Court has made it clear that the State government cannot deny incentive marks to ‘in-service’ candidates who have served in rural/hilly/remote areas as mandated under the Post Graduate Medical Education Regulations, 2000.
“The State government, in the absence of any basis, is trying to give a go-by to the Post Graduate Medical Education Regulations, 2000, brought in by the Medical Council of India with the sanction of the Central Government. While so, the State cannot adversely affect the standards laid down by the Centre,” Justice Pushpa Sathyanarayana said.
The issue pertains to a plea moved by Rajesh Wilson, an in-service candidate who has served three years as Assistant Civil Surgeon at Government Primary Health Centre, Sholayar Nagar, Coimbatore, which is notified as a tribal remote hilly area by the State government.
According to the petitioner, he is entitled for 30% additional marks on the total marks obtained by him in the NEET exam for admission to the post-graduate course in 50% reserved category for government servants for the academic year 2017-18 as per Regulation 9(4) of the Post Graduate Medical Education Regulations, 2000.
However, the prospectus for the Tamil Nadu government post-graduate degree/diploma courses in Tamil Nadu medical colleges and government seats in self-financing colleges for 2017-18 shows that the merit list will be drawn for a total mark of 100 by computing the NEET PG 2017 (90) marks and the marks for experience (10).
Clause 17(b) of the prospectus says that service candidates shall be awarded one mark per year of service in rural areas.
Assailing such a mode of computation, the petitioner approached the court to award him incentive marks as guaranteed under the regulations.
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When the plea came up for hearing, the Special Government Pleader contended that the petitioner, having applied under the Tamil Nadu Service Candidates Quota, was bound by the prospectus, and could not assail the mode of calculation.
To this, the court pointed out that the prospectus issued by the State government through a government order dated March 27 was subject to the assent of the President of India to the Tamil Nadu Admission to Post Graduate Courses in Medicine and Dentistry Bill, 2017.
Since the President had not given his assent till date, the prospectus was not binding on the petitioner, the judge said and directed the government to give due weightage marks to the petitioner as mandated under the Post Graduate Medical Education Regulations, 2000. The authorities were directed to add 30% marks to the marks secured by the petitioner in the NEET examination while preparing the rank list for admission to the post-graduate course in 50% reserved category for Government servants for the academic year 2017-2018.
