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Madras HC bench confirms single judge order on inservice doctors

Chennai, Jan 27 (PTI) A division bench of the Madras High Court on Thursday confirmed the orders of a single judge on the subject of admission in PG courses for inservice doctors in Tamil Nadu.

The single judge had upheld the orders passed in October last year by the Tamil Nadu government, which among others enabled the inservice doctors working in government hospitals in rural and remote areas to seek admission in PG courses under their exclusive ‘inservice’ quota as well as the ‘open’ quota.

The bench of Justices Paresh Upadiyay and SKS Kurup confirmed the order dated January 19 of Justice M Dhandapani, while dismissing an appeal from Dr Parkaviyan, today.

Originally, assailing Sl. No 29 (c) of the impugned prospectus issued for filling up the seats in the post-graduate degree courses in medicine under the 50 per cent State quota, in and by which in-service candidates, who had put in service in difficult terrains in the State, were permitted to carry on their weightage marks not only for the reserved seats, but also to compete for the seats under the open category by carrying with them the weightage marks, the writ petitions were filed.

And the single judge on January 19 had held that in the backdrop of the legal position, coupled with the reasonable and intelligible differentia in classifying the two groups of persons aspiring for PG admission in the State-wise quota, the court was of the considered view that not only the State was empowered to create channels of selection by prescribing quotas for open category and in-service candidates, but also it was within its powers to lay down norms with regard to the basis in which the merit list was to be prepared for determining the inter se merit of the candidates competing in the two different categories.

The State could not be precluded from exercising the powers conferred on it by the Constitution, more especially Entry 25 List III of the Constitution would be denuding the State of its power, which has been given to it by the Constitution and as approved by the Supreme Court, the judge had held.

Hence, “this court is of the considered view that the norms prescribed under Sl No 29 (c) of the prospectus and the consequential GOs issued in October 2021 for selection of candidates to the PG medical degree courses under the State-wise quota does not suffer the vice of any illegality, irrationality, arbitrariness or perversity and the same is founded on well guided principles and application of law and therefore, the said norm does not require any interference at the hands of this court,” the judge had said on January 19.

Aggrieved, the petitioners preferred the present appeals.

The bench confirmed the orders of the single judge after listening to the arguments of Suhirith Parthasarathy for the appellant, Additional Advocate-General J Ravindran for the State and senior advocate P Wilson for the inservice doctors. PTI COR SA ROH ROH

This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.

Source: The Print

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