SC allows states to provide benefit of reservation to in-service doctors in PG courses

In a major relief to medical officers, the Supreme Court on Monday allowed states to grant the benefit of reservation of seats to in-service doctors in the National Eligibility cum Entrance Test (NEET) postgraduate degree courses.

The apex court, in its judgment, said that the state government has the power to give reservation in PG admissions to government doctors working in remote areas. A five-judge Constitution bench comprising Justices Arun Mishra, Vineet Saran, Indira Banerjee, MR Shah and Aniruddha Bose said that the Medical Council of India (MCI) has no right to interfere in the reservation for in-service doctors to take admission to PG courses.

The Bench held that MCI regulation that barred such reservations as unconstitutional and arbitrary. It asked the states to formulate a scheme for rural/remote service by in-service doctors after completing PG degree.

The Supreme Court Bench also said that state regulations must provide for work bonds for five years of service in rural/remote areas for the person who gets PG admission through this reservation.

As much as 50 per cent seats in PG diploma courses are reserved for medical officers in the government service but the MCI regulations barred it in PG degree courses. All the admission to PG degree courses are conducted through the NEET and 50 per cent seats are filled through all India quota and the remaining 50 per cent from state quota.

Petitioners, including doctors from Kerala, Maharashtra and Haryana had challenged the validity of the Postgraduate Medical Education Regulations, 2000, framed by the MCI. The court said granting reservation benefits would encourage those doctors working in government hospitals and in rural areas.

(With inputs from agency)