State government cannot deny incentive marks to In-Service Candiatates: TN HC
Chennai: The state government cannot deny incentive marks to in service candidates who have served in rural/hilly/remote areas as mandated under the Post Graduate Medical Education Regulations, 2000. This has been made clear by the Madras High Court, in its reply to a plea moved by Rajesh Wilson.
“The State government, in the absence of any basis, is trying to give a go-by to the Post Graduate Medical Education Regulations, 2000, brought in by the Medical Council of India with the sanction of the Central Government. While so, the State cannot adversely affect the standards laid down by the Center,” Justice Pushpa Sathyanarayana said.
The order was in response to a plea filed by a Dr Wilson, who is an in-service candidate with a service record of three years as Assistant Civil Surgeon at Government Primary Health Center, Sholayar Nagar, Coimbatore, a tribal remote hilly area as identified by the State government.
His plea pertains to his entitlement for 30% additional marks on the total marks obtained by him in the NEET exam for admission to the post-graduate course in 50% reserved category for government servants for the academic year 2017-18 as per Regulation 9(4) of the Post Graduate Medical Education Regulations, 2000.
Contrary to Regulations, 2000, the prospectuses for the Tamil Nadu government post-graduate degree/diploma courses of Tamil Nadu medical colleges and government seats in self-financing colleges for 2017-18 show that the merit list will be drawn for a total mark of 100 by computing the NEET PG 2017 (90) marks and the marks for experience (10).
Clause 17(b) of the prospectus says that service candidates shall be awarded one mark per year of service in rural areas.
Reviling this mode of assessment the petitioner approached the court to award him incentive marks as guaranteed under the regulation 2000.
When the matter came up for hearing the Special Government Pleader said that the petitioner having applied under the Tamil Nadu Service Candidates Quota, was bound by the prospectus, and could not lambaste the mode of calculation.
It was then that the Madras High Court came to the rescue of the petitioner, saying the prospectus issued by the State government through a government order dated March 27 was subject to the assent of the President of India to the Tamil Nadu Admission to Post Graduate Courses in Medicine and Dentistry Bill, 2017. Since the presidential assent was still to come the prospectus was not binding on the petitioner, the bench added.
The judge directed the government to give due weight age marks to the petitioner as mandated under the Post Graduate Medical Education Regulations, 2000 reports Hindu.
The authorities were directed to add 30% marks to the marks secured by the petitioner in the NEET examination while preparing the rank list for admission to the post-graduate course in 50% reserved category for Government servants for the academic year 2017-2018.