Justice Khanwilkar, writing judgement for the bench, said Justice Khanwilkar, writing judgement for the bench, saidthe court was "conscious of the fact" that the verdict willaffect some candidates whose applications have already beenprocessed by the competent authority for admissions in PGcourses for academic year 2016-17. "However, their admissions cannot be validated in breachof or disregarding the mandate of Regulation 9, as in force,"the bench, in its 55-page verdict, said. The apex court said the quota in admissions in medical PGcourses is not allowed under the Act or regulations. However, incentive marking or "extra weightage" can begiven to those government doctors, having MBBS degree, topromote rural health care, it said. "The purpose behind proviso (9) is to encourage graduatesto join as medical officers and serve in notified remote anddifficult areas of the state. The fact that for quite sometime no such appointments have been made by the stategovernment also cannot be a basis to disregard the mandate ofproviso to Clause IV – of giving weightage of marks to thein-service candidates who have served for a specified periodin notified remote and difficult areas of the state… "The state governments across the country are not in aposition to provide health care facilities in remote anddifficult areas in the state for want of doctors. In fact,there is a proposal to make one year service for MBBS studentsto apply for admission to Post Graduate Courses, in remote anddifficult areas as compulsory. "That is kept on hold, as was stated before the RajyaSabha. The provision in the form of granting weightage ofmarks, therefore, was to give incentive to the in-servicecandidates and to attract more graduates to join as MedicalOfficers in the State Health Care Sector. The provision wasfirst inserted in 2012. To determine the academic merit ofcandidates, merely securing high marks in the NEET is notenough. "The academic merit of the candidate must also reckon theservices rendered for the common or public good. Having servedin rural and difficult areas of the State for one year orabove, the incumbent having sacrificed his career by renderingservices for providing health care facilities in rural areas,deserve incentive marks to be reckoned for determining merit,"it said. (More) PTI SJK MNL RKSARC


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