New Delhi: The Constitutional Bench of the Supreme Court has given a green signal for special quota for service doctors in post graduate medical admission to the states.

They were asked to work in rural and tribal areas for five years. The SC Bench said the Medical Council of India has no power to make any reservation for in-service candidates in PG medical course in any particular state.

The bench observed that MCI regulations providing for reservation for in-service candidates in PG medical courses is ultra vires the Medical Council of India Act.

The court has however clarified that the judgement will apply only prospectively and will not affect any admission already made. The SC also said that states can make regulations to provide reservation for in-service doctors in PG medical course and states may ask such beneficiaries to serve in rural and tribal areas for five years.

The primary argument of the petitioner was that the coordination and determination of standards in institutions for higher education is within the exclusive domain of the Union. The state government is not denuded of its power to legislate on the manner and method for admissions to post-graduate medical courses.

The petitioner has asked SC that instead of granting incentive marks to government doctors serving in remote and difficult rural areas in PG admissions, the state government should be allowed to continue with its own quota policy and have the authority to make a reservation in favour of in-service candidates for admission to PG medical courses.

The judgment was pronounced this morning by a Constitution Bench of Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose

(Inputs from Live Law)

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