On Monday, August 31, 2020, the Supreme Court held states empowered to reserve seats for PG admissions in case of doctors serving in remote areas.
The constitution bench of 5 judges led by Justice Arun Mishra, declared states to have legislative powers to make own reservation provisions. The justice bench also includes justices Indira Banerjee, Aniruddha Bose, Vineet Saran and M R Shah.
Earlier, the apex court stated that the Medical Council of India (MCI) barring state governments from exercising their powers is unconstitutional. This clarifies, MCI has absolutely no power to make reservation policies.
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The verdict was given on a plea filed by Tamil Nadu Medical Officers Association and other bodies contending the fact that such reservations will be a source of encouragement for doctors serving in rural areas.
The bench ruled that states have to formulate schemes for in-service doctors serving in remote or rural areas after they complete PG degree.
The bench also mentioned, work bonds need to be in place for in-service doctors in rural/remote areas availing PG admission through reservations.
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Earlier, on July 14, the bench reserved dates to pronounce the judgement on whether states had enough competence to enforce reservations in PG medical admissions.
Petitions challenged the Post Graduate Medical Education Regulations, 2000 of MCI that removed the power of the state and legislate ‘manner and method’ for PG medical courses admission.
PG Medical Education Regulations, 2000 states reserving 50% seats in PG Diploma in Medical courses for in-service medical officers that however bars in PG courses.
Admission to PG medical courses take place through National Eligibility cum Entrance Test (NEET) PG. 50% seats are reserved under state quote for in-service doctors and 50% seats are filled through All India Ranking.
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