File counter to extra marks pleas, MCI, Tamil Nadu government told by Madras HC

The order of the single judge will enable candidates, who had secured lower marks in NEET, to get admissions, depriving candidates who had worked in rural areas.

CHENNAI: The second bench of the Madras High Court on Wednesday directed the Medical Council of India (MCI) and the TN government to file detailed counter-affidavits to a batch of writ appeals seeking incentive marks for candidates serving in difficult places in rural areas for admission to post-graduate courses as per clause 17(b) of the 2017-18 prospectus.

The appeals from P Prabhu and others challenged the order dated April 17 of a single judge, who had held that the incentive marks should be awarded only on the basis of regulation 9 (4) of the Post Graduate Medical Education, 2000.

Passing orders on a writ petition from one Rajesh Wilson of Coimbatore, Justice Pushpa Sathyanarayana on April 17 had held that 30 per cent marks must be added on the marks secured by the petitioner in NEET while preparing the rank list for admission to PG courses under the 50 per cent reserved category for government servants for 2017-18.

The bench of Justices Huluvadi G Ramesh and RMT Teekaa Raman, before which the appeals came up, gave the direction after hearing brief arguments of appellants senior counsel P Wilson and  KM Vijayan and MCI counsel VP Raman and Advocate- General R Muthukumaraswamy.

Appellants’ counsel submitted that as per the regulations and guidelines issued by MCI and the government, for doctors who were working in rural areas under State Health and Family Welfare department, weightage marks should be given. Of the total seats, 50 per cent should be allotted to all India quota and balance 50 should be retained by State.

The order of the single judge will enable candidates, who had secured lower marks in NEET, to get admissions, depriving candidates who had worked in rural areas and secured higher marks in NEET. Moreover, clauses 13.2 and 16.3 of the information bulletin issued by the National Board of Examinations, which conducted NEET, had permitted States to frame their own rules for admitting candidates under service category. The petitioner before the single judge had not challenged the prospectus or the subsequent GO issued on the basis of the prospectus, Wilson said.

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