In a significant verdict, the Supreme Court on Tuesday set aside the Uttar Pradesh Government’s decision to provide 30 per cent quota in admissions to post-graduate medical courses to those Government doctors who have served in rural areas.
A bench headed by Chief Justice TS Thakur upheld the Allahabad High Court order to this extent but decided to modify the same by adding that "incentive marks" of up to 30 per cent of total marks can be awarded to "eligible in-service" doctors in admission tests for PG Medical courses, for their service in rural areas. The Court held that such a provision is even provided in the Medical Council of India Post Graduate Medical Education Regulations 2000.
Dealing with a batch of petitions filed challenging the HC decision, the bench, also comprising Justices AM Khanwilkar and DY Chandrachud said, "The High Court was justified in quashing the State Government order providing for reservation to in-service candidates, being violative of Regulation 9 as in force."
However, the bench added, "The academic merit of the candidate must also reckon the services rendered for the common or public good. Having served in rural and difficult areas of the State for one year or above, the incumbent having sacrificed his career by rendering services for providing health care facilities in rural areas, deserve incentive marks to be reckoned for determining merit."
The High Court had quashed the government order (GO), issued on February 28, 2014 by which 30 per cent seats in post-graduate degree courses in medicine and other disciplines were reserved for in-service candidates who had three years or more of rural service in notified and difficult areas. The challenge came from other medical service officers who sought entitlement under this benefit for service rendered in non-rural areas.