PG medical admissions: Third judge upholds MCI guidelines

Third Judge M Sathyanarayanan on directing the State to implement MCI’s Regulation 9 and more particularly, Regulation 9[IV] and proviso therein, said “Despite repeated pronouncements made by the Supreme Court as to the primacy of the MCI in respect of medical education, some of the State Governments had chosen to ignore the same and framed their own guidelines in total contravention and violation of the mandatory statutory regulations framed under the Indian Medical Council Act, 1956.” The 9 and 9 (IV) of the MCI Regulations provides only for reservation of seats as per the Constitutional scheme (for scheduled castes, scheduled tribes or other backward class candidates) and not for in-service candidates or medical officers in service. This provision also contains a proviso providing for weightage in marks for candidates as an incentive at the rate of 10 per cent per year spent in rural service and capped at a total of 30 per cent. 

Also holding that the State Government is expected to abide by the statutory rules and regulations upheld by the Supreme Court and cannot seek to justify their stand on the ground of sentiments and sympathy, said “It is to be noted at this juncture that the crucial date expires on May 7, 2017 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/competent authority to define remote and difficult areas and to that extent, the said identification for the academic session 2017-2018, warrants no interference.” 

The third judge also held that an exhaustive analysis and thorough consideration and appreciation of the materials placed before it and on independent application of mind, is of the considered opinion that the directions given in the judgment on May 3, 2017 by Justice SM Subramaniam, are in consonance with the settled legal position except with regard to identification of remote areas. 

Justice Subramanian had held that that any Prospectus and selection procedures notified by the State Government should be in accordance with the MCI Regulation and NEET marks awarded through common entrance examination.