vThe Hyderabad High Court on Monday dismissed petitions challenging the decision of the Andhra Pradesh and Telangana Governments to do away with 50% reservation in State quota seats in post-graduate degree medical courses for in-service Government doctors.
A division bench of the High Court comprising Acting Chief Justice Ramesh Ranganathan and Justice K. Vijaya Lakshmi passed orders that the petitioners were not entitled to 50% reservations in PG medical degree courses. The division bench cited the judgment in the Sudhir N and Dinesh Singh Chauhan case in which the Supreme Court declared reservations for in-service doctors ultra vires and void.
The division bench observed that the apex court had upheld the Allahabad High Court order in the Dinesh Singh Chauhan case that rules made by State Governments contrary to MCI regulations were null and void. The judges ruled that the petitioners (in-service doctors) were only entitled to weightage marks in accordance with Regulation 9 (IV) of the 2000 Medical Council of India
Regulations.
They directed, however, that the in-service doctors were entitled to reservation in the 50% State quota seats of PG diploma courses. The division bench held that the benefit of weightage of marks shall be given for in-service doctors even if the period of their service in tribal areas is less than three years.
The High Court set aside the words “a minimum three years of service” in rule 4 (4) (a) of 2017 Rules (as amended by GO no. 21) declaring them ultra vires of MCI Regulations. The weightage marks, however, should be calculated at 10% per year of completed regular and continuous service in tribal areas.
To avail 50% State quota seats in PG diploma courses, the in-service doctors should render a minimum of three years’ service in tribal areas. After getting admitted into and on completion of these diploma courses, they should serve for two more years in tribal areas.