A bench of Justices T S Thakur and R Banumathi said regulations framed
by the Medical Council of India were binding and state governments could
not make any rule in violation of the regulations.
"Regulation
9 (of MCI) is, in our opinion, a complete code by itself inasmuch as it
prescribes the basis for determining the eligibility of the candidates
including the method to be adopted for determining the inter se merit
which remains the only basis for such admissions. To the performance in
the entrance test can be added weightage on account of rural service
rendered by the candidates in the manner and to the extent indicated,"
it said.
The court said the method, however, was given a go-by
by the impugned legislation when it provided that in-service candidates
seeking admission in the quota shall be granted such admission not on
the basis of one of the methodologies but on the basis of seniority of
such candidates. When the maximum marks to be obtained in the entrance test for admission
to the institutions for higher education including higher medical
education are fixed, the state cannot adversely affect the standards
laid down by the Union government. It was held that it is for the MCI to
determine reservation to be made for SC/ST and OBC candidates and
lowering the qualifying marks in their favour," it said.
The court passed the order on a bunch of petitions challenging the high
court order which also said that government doctors would have to
appear in entrance examination to qualify for admission in PG courses.
Upholding the order, the apex court, however, objected to the
observation made by the HC in which it said that seniority of in-service
candidates should be considered while preparing merit list. A meritorious in-service candidate cannot be denied admission only
because he has an eligible senior above him though lower in merit. It is
now fairly well settled that merit and merit alone can be the basis of
admission. Their merit cannot be overlooked only to promote seniority
which has no place in the scheme of MCI regulations," it said.To know more visit our site http://allindiayellowpage.com.