Today Hon’ble Justice M Dhandapani has dismissed the writ petition. Now the inservice candidates can compete in both the quota [1/19, 14:37] Sekarreporter 1: That is even in open category also [1/19, 14:38] Sekarreporter 1: The Madras High court has reserved orders in a batch of Writ Petitions filed by Dr Parkaviyan R. and others

[1/19, 14:37] Sekarreporter 1: Today Hon’ble Justice M Dhandapani has dismissed the writ petition. Now the inservice candidates can compete in both the quota
[1/19, 14:37] Sekarreporter 1: That is even in open category also
[1/19, 14:38] Sekarreporter 1: The Madras High court has reserved orders in a batch of Writ Petitions filed by Dr Parkaviyan R. and others challenging the GO (D) No. 1108 dated 04.10.2021 which approves clause 29(c) of the prospectus for admission to post graduate/diploma courses in Tamil Madu Medical Colleges and Government seats in Self-financing Medical Colleges affiliated to the Tamil Nadu Dr. M.G.R. Medical University for 2021-2022 session.
This year TN government has allowed the service candidates to compete not only in exclusive in service quota but also in open quota by virtue of Clause 29(c) of PG Prospectus.
Mr Suhirit Parthasarathy appearing for Writ Petitioner Doctors in batch of cases submitted that inservice candidates have a separate 50% quota in PG medical admissions and they cannot be allowed to compete in rest of 50% open quota with the weightage marks obtained due to their work in government hospitals located at hilly, difficult, rural areas. He submitted that such incentive marks obtained by Service doctors will have edge over the private Doctors candidates in PG Admissions and clause 29(c) of prospectus is illegal and is against Judgment of Hon’ble Supreme Court and therefore prayed to quash clause 29(c) of the Prospectus.
Mr P. Wilson Senior Advocate appearing for Tamil Nadu Medical Officers Association submitted that weightage marks given to the inservice candidate for their dedicated work at hilly areas, difficult areas, rural areas is considered to be determining the merit of inservice candidates. He said that an Inservice doctor who serve in hilly areas ,remote areas, difficult and rural areas due to his dedicated work to safe gaurd public health compromises his preparations to exams and doesn’t concentrate in academic studies and therefore the MCI regulations has added these marks obtained for his service to people in to his merit which has to be computed along with NEET marks. Such marks cannot be kept away while considering for PG admissions as it would be against MCI PG Regulations 9(4) proviso.
He submitted that power to do admissions and prescribe mode of admissions, source of admissions is with the State’s domain flowing from List III entry 25 and this has been approved by Hon’ble Supremecourt in TN Medical officers association case and Modern Dental college case. He said many inservice doctors were reluctant to serve in hilly , difficult,remote and rural areas and to encourage them and to support primary health centers and to serve the people such incentive marks are given to attract the Doctors to work there and simultaneously help them in pursuing their carrier and such grant of weightage marks has been lauded by Supremecourt.
He said TN has been doing for many years and it’s states first concept of inservice allocation of seats in the year 1999 was approved by Hon’ble Supremecourt in the year 2001 and recently by constitutional bench in TN Medical officers association case in the year 2021.He submitted that state has constitutional obligation under Art 47 to give to its people dedicated health care. Expert doctors who are in the services are required to perform such onerous task in health sectors run by the State Government and government retains them till their retirement . He said during COVID 19 doctors have been a pillar and support to the state and serving the people during difficult times and difficult remote hilly rural areas hence non computation of weightage marks obtained due to rendering service in such hilly, rural and difficult areas would amount to doing injustice to them and amount to doing violence to clause 9(4) proviso of MCI PG 2000 regulations.
He submitted that allowing in service candidates in open quota is nothing new up to 2016 and since in 2016, the Supremecourt in Dinesh’s Singh Chauhan case held that states have no power to deal with admissions which was subsequently reversed by constitution bench in 2021,therefore state has now restored such two modes of admissions. He prayed for dismissal of the Writ Petitions.

Mr Ravindran State AAG submitted that Inservice candidates have got less seats in open quota for last 5 years and that the weightage marks are allotted not to all inservice candidates but only to service Doctors who work in areas as specified by Justice A Selvam committee ranging from 10 to zero marks and prayed for dismissal of Writ Petition. AAG submitted that Doctors leave their family behind and do their service and should be compensated with these weightage marks.
Hon’ble Mr Justice M Dhandapani after hearing marathon arguments yesterday reserved for orders.