SC ruling on PG medical courses

By T. Padmanabha Rao

NEW DELHI, SEPT 5. Students selected under the ``15 per cent all- India quota'' to MBBS courses in various States (other than their home-States) ``should be allowed to compete for Post-Graduate (PG) medical course in the State where they studied irrespective of `the rule of residence' in the concerned State,'' the Supreme Court has ruled.

The bench impressed upon the States concerned ``to achieve uniformity (in the matter of admission to P.G. courses) by adopting either `institutional' or `residential' preference in terms of the decisions of this (apex) court''.

It directed the Goa Medical College authorities to consider the case of the petitioner, who as a candidate selected under the ``15 per cent all-India quota'' successfully passed the MBBS course in 1998 and completed internship successfully, for admission to the PG course for the year (March 2000) for which she (the petitioner) had applied. But this should be on the basis of her performance to an ``appropriate course chosen by her in that year without reference to the (admission) rule related to requirement of 10 years residence'' in Goa.

Delivering the judgment, Mr. Justice S. Rajendra Babu directed that ``the petitioner shall, however, be admitted to such course to which she is selected for the current year.'' The bench, which included Mr. Justice S. Duraiswamy Raju, was allowing a writ petition from the petitioner-candidate seeking suitable directions to the Goa Medical College authorities in the matter of her admission to a PG course without reference to the ``rule relating to requirement of 10 year residence''.

The bench observed that the case of the petitioner (hailing from Delhi) should not be ignored on the basis of non- fulfillment of residential requirement.

The authorities said that the petitioner ``would have unfair advantage'' because she would be eligible for the ``25 per cent all-India quota' in all medical colleges in the country, to 75 per cent seats in Delhi (as the petitioner's home-state) and 75 per cent seats in Goa (where she studied).

Referring to this plea, the bench, however, did not ``propose to examine the larger question of attaining uniformity in all PG courses all over the country since we (the bench) are not in a position to state on the material before us whether the `institutional preference criteria' adopted by a State or `requirement of residence' or `both' fully complies with the various decisions of this court''.

``The argument of unfair advantage does not appeal to us (the apex court) as all students have to attain a `common standard' with reference to the State in which they studied and the number of students of this nature will be very small,'' the bench said. It, however, added that ``many students admitted (for MBBS course) in medical colleges in the State under the all-India quota, on completion of studies may prefer to return to their home States or take the 25 per cent all-India quota entrance examination and some others may not make the necessary grade to compete with the local students.''

``If they are also allowed to participate in the `entrance test' for admission to PG courses, it will not disturb the balance to any extent but, on the other hand, achieve uniformity to an extent,'' the bench noted. This principle ``evolved on dictates of necessity and the need for adjusting equities in the matter of fair and proper implementation of the scheme evolved for providing a quota of seats to be filled up on an all-India basis of merit performance''.

Send this article to Friends by E-Mail

Section  : National
Previous : CJI's call to end bias against women
Next     : Medical colleges may get more grants