Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institutions: Medical Council of India Post Graduate |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Education/Educational Institutions: Medical Council of India Post Graduate Medical Education c Regulatio11s, 2000 - Regn. 9 - Proviso to clause IV of Regn. 9 - Legality of - Held: Regn. 9 is a complete Code - Proviso to clause IV of Regn. 9 predicates that in determining the merit of candidates in-service of Government/public Authority, weightage in the marks may be given as an incentive @ 10% of the marks obtained for D each year of service in specified remote or difficult areas of the State upto the maximum of 30% of the marks obtained in NEET - Provision for determining inter-se merit of the candidates including by giving weightage of marks as incentive to eligible in-service candidates who have worked in notified remote or difficult areas in the State, is just and reasonable - Liberal interpretation does not provide for 30% reservation for in-service candidates, but only of giving a weightage in the form of i11centive marks as specified to the class of i11-service candidates, served in 11otified remote and difficult areas in the State - Mere hypothesis that the State Government may take a11 improper decision whilst notifying the area F as remote a11d difficult, cannot be the basis to hold that Regn. 9 and in particular proviso to Clause IV is unreasonable - Thus, the procedure evolved in Regn. 9 in general and the proviso to Clause (IV) in particular is just, proper and reasonable and also fulfill the test of Art. J.I, bei11g in larger public interest - Further, the State Governments across the country are not in a position to provide G health care facilities in remote and difficult areas in the State for want of Doctors - Provision in the form of granti11g weightage of marks was to give i11centive to the in-service candidates and to attract more graduates to join as Medical Officers in the State Health. Care Sector - On facts, High Court was justified in quashing the Government Order dated 28.02.2014 providing for reservation to in-service candidates, being violative of Regn. 9 as in force - However, the operative direction by the High Court is modified to the effect that admission process for Academic Year 2016-17 onwards to the Post Graduate Degree Course in the State should proceed as per Regn. 9 including by giving incentive marks to eligible in-service candidates in terms of proviso to Clause IV - Constitution of India - Art 14. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2016 INSC 604 |
Petitioner | State Of U.p. & Ors. |
Respondent | Dr. Dinesh Singh Chauhan |
SCR | [2016] 6 S.C.R. 571 |
Judgement Date | 2016-08-16 |
Case Number | 8047 |
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