Chandigarh: Punjab and Haryana High Court has issued notices to the Punjab government, Baba Farid University, Faridkot and the Medical Council of India for March 8, on a writ petition which challenged reservation of 60 per cent state quota seats for the in-service doctors.
A Bench of the High Court comprising Justice Jaishree Thakur, acting on a civil writ petition filed by Dr Rajesh Kumar and Dr Amanpreet Singh, Rural Medical Officers working under the Panchayati Raj Department, challenged the notification dated October 24, last year, issued by state government, reserving 60 per cent seats out of state quota seats for admission to Post Graduate Degree Courses for the in-service PCMS doctors.
The petitioners have contended that aforesaid notification was illegal and un-constitutional, and is also in violation of Regulation 9 of the “Post Graduate Medical Education Regulations, 2000” framed by the Medical Council of India (MCI). The Counsel for petitioners contended that the Supreme Court of India has held in a recent judgment dated August 16, last year (in the case of State of UP vs Dr Dinesh Singh Chauhan) that as per Regulation 9 of the MCI Regulations, no reservation for In-service Doctors was permissible. He also contended that the SC had held in the aforesaid judgment that as per MCI Regulations, the admissions to PG Degree Courses had to be made on the basis of a single merit list of the All India test (NEET), and additional 10 per cent (of marks obtained in NEET Examination) had to be given to such doctors for each year of service in remote and difficult areas notified by the State Government or the competent authority
The SC had further mandated that such criteria for admissions should be applicable to Government as well as private Colleges/Universities, and would be applicable for such admissions from academic year 2016-2017 onwards.
The Counsel for petitioners therefore, prayed for quashing clause 17 of the State Government notification dated October 24, last year, and for issuance of directions to respondents to conduct admissions to PG Degree Courses strictly on basis of merit of NEET, and after adding incentive marks as per MCI Regulations. The petition was argued by H C Arora, senior advocate, High Court.
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