Chennai: Directing the state government to strictly follow and implement the Medical Council of India regulations in the award of incentive marks to in-service candidates for admission to postgraduate medical courses, the Madras high court on Saturday declined to interfere with the identification of areas eligible for incentive marks by the government.
“The appellants (state authorities) are bound to strictly follow and implement Regulation 9 and more particularly, Regulation 9 (IV) of MCI and proviso therein and ensure full compliance,” said Justice M. Sathyanaraynan.
Despite repeated pronouncements made by the Supreme Court as to the primacy of MCI in respect of medical education, some state governments had chosen to ignore the same and framed their own guidelines in total contravention and violation of the regulations of Indian Medical Council Act and issuance of the government order and the formulation of the prospectus by the state government was one such instance, the judge said.
In so far as rural areas was concerned, the judge said this court had taken note of the fair submission made by Special Government Pleader T.N. Rajagopalan on instructions that doctors serving in primary health centres in rural areas will be considered under the category and strictly in accordance with the prospectus in so far as defining and identification of the said areas are concerned. The said submission is placed on record.
“It is to be noted 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/competent authority to define remote and difficult areas and to that extent, the said identification for the academic year 2017-2018, warrants no interference,” judge added.
Originally, on a petition from a doctor, Justice Pushpa Sathyanarayana had on April 17 directed the state government to follow the MCI regulations for awarding incentive marks to in-service candidates for admission to PG medical courses. Aggrieved several doctors and the state government filed appeals and a division bench comprising Justices K.K. Sasidharan and S.M. Subramaniam had on May 3 delivered a split verdict. Therefore, the matter was referred to Justice Sathyanarayanan.
