Admissions to PG medical courses only on merit basis: SC Jan 13, 2015 NEW DELHI: Admissions to post-graduate medical courses can be done only on the basis of merit of students appearing in the entrance examination, the Supreme Court said on Monday while quashing Kerala governments decision to reserve seats for doctors working in its hospitals and other departments. The apex court said the state overstepped its jurisdiction by making a law earmarking 40% of total seats available to the state quota for its medical officers who were to get admission on the basis of their seniority, without appearing in the entrance examination. A bench of Justices T S Thakur and R Banumathi said regulations framed by the Medical Council of India were binding and state governments could not make any rule in violation of the regulations. Regulation 9 (of MCI) is, in our opinion, a complete code by itself inasmuch as it prescribes the basis for determining the eligibility of the candidates including the method to be adopted for determining the inter se merit which remains the only basis for such admissions. To the performance in the entrance test can be added weightage on account of rural service rendered by the candidates in the manner and to the extent indicated, it said. The court said the method, however, was given a go-by by the impugned legislation when it provided that in- service candidates seeking admission in the quota shall be granted such admission not on the basis of one of the methodologies but on the basis of seniority of such candidates. When the maximum marks to be obtained in the entrance test for admission to the institutions for higher education including higher medical education are fixed, the state cannot adversely affect the standards laid down by the Union government. It was held that it is for the MCI to determine reservation to be made for SC/ST and OBC candidates and lowering the qualifying marks in their favour, it said. The court passed the order on a bunch of petitions challenging the high court order which also said that government doctors would have to appear in entrance examination to qualify for admission in PG courses. Upholding the order, the apex court, however, objected to the observation made by the HC in which it said that seniority of in-service candidates should be considered while preparing merit list. A meritorious in-service candidate cannot be denied admission only because he has an eligible senior above him though lower in merit. It is now fairly well settled that merit and merit alone can be the basis of admission. Their merit cannot be overlooked only to promote seniority which has no place in the scheme of MCI regulations, it said
Posted on: Mon, 12 Jan 2015 23:20:37 +0000
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