PG Medical Admissions : Supreme Court Directs MP Govt To Allot In-Service Quota Seat To Doctor Who Served Tribal, Naxalite Areas

A bench of Justices DY Chandrachud and Surya Kant directed the State of Madhya Pradesh to treat her as an "in- service candidate" and allot her a seat in MS Obstetrics and Gynaecology in GMC, Bhopal.

The directions were issued while considering a Special Leave Petition filed by the candidate assailing Madhya Pradesh High Court's order dated March 16, 2022.

In the impugned judgment, the High Court had declined to grant the relief of treating her as an 'in service candidate' as per Admission Rules, 2018 and accordingly extending the benefit of 30% reservation/source of entry with additional incentive marks to the tune of 30% as per provisions of Regulation 9 (IV) of the M.C.I. Regulations 2000 in the ongoing counselling process for admission to Post Graduate (P.G.) Course to her.

On April 11, the Supreme Court as an interim measure had directed the Madhya Pradesh Government to keep one seat vacant in MS Obstetrics and Gynaecology in GMC, Bhopal for the petitioner.

What Transpired In The Supreme Court Today?

Appearing for the State of Madhya Pradesh, Additional Advocate General Saurabh Mishra had submitted that as per the Top Court's direction, a seat was kept vacant in Obstetrics and Gynaecology at Government Medical College, Bhopal.

To oppose the grant of admission to the petitioner, AAG submitted that:

• In terms of her application, she had registered herself and she got admission in MD Anaesthesia but she didn't take admission and under the rules her admission got cancelled
• The mandatory NOC which has been filed by the petitioner is not by the employer which is the State Government but has been issued by the CMHO which is not the appointing authority. So the very basic condition of an in service candidate is missing
• Under the Rules and executive instructions, she was supposed to make an application that she as an in-service candidate but she didn't not make. Allotments have been made to other in-service candidates

Responding to the submissions put forth by AAG, Advocate Siddharth R Gupta assisted by Abhikalp P Singh & Shivam Singh Baghel submitted that the petitioner was serving in a naxalite area which is 800-900 kms away from the State.

With regards to the contention on petitioner not choosing the seat allotted to her, petitioner's counsel further submitted that the seat in MD Anaesthesia was allotted to the petitioner on January 24, 2022 as per which she was required to report on February 8, 2022 but on February 1, 2022 she approached the High Court and managed to secure an interim relief.

On the aspect of issuance of NOC from the employer, counsel said, "For NOC, the answer is at page 59 that it is the CMHO only which had actually issued NOC for the reasons best known to him at a belated stage. NOC which has been issued has been issued as per the format."

Remarking that there was no person higher than the petitioner who would get the seat, the bench said, "So we don't displace anybody. She is a Schedule Caste candidate who has been serving in naxalite areas. We'll not create a big precedent area, we'll have a more qualified govt doctor."

Accordingly, the bench in their order said, "Leave granted. The appeal has arisen from the judgment dated March 16 2022 of Division Bench of Madhya Pradesh High Court. The appellant has been working as a medical officer with the state of MP on a regular basis for more than 11 years. Her case is that out of the 11 years of service, she has served for 6 years in district Betul which is notified tribal direct. Moreover, the remaining period has been spent serving in the community health center at Katangi in the District of Balaghat. Under the MP Medical Education Admission Rules 2018 "in-service" reservations provided for serving candidates defines as any candidate who is serving in the department of Govt of MP who has registered on the portal after obtaining NOC from the employee. Appellant appeared for NEET PG entrance exam and has secured 317 marks. As in-service candidates are entitled to an allocation of certain preference marks. Present case the eligibility of the appellant as an in-service candidate is not an issue.

The dispute pertains to whether she complied with procedural requirements. By order dated April 11, 2022, 1 seat was directed to be kept vacant in Obstetrics and Gynecology at Government Medical College, Bhopal. In pursuance of the return of notice, we have heard Saurabh Mishra for the State.

It is not in dispute that there is no candidate higher in merit than the appellant. As an in-service candidate, the appellant would be entitled to an award of incentive marks as per the applicable rules. Once upon grant of incentive marks, the appellant would be entitled to allotment of the vacant seat which has been set apart.

Hence in the exercise of this jurisdiction, we direct the state to process the application of the appellant as "in-service candidate" and award her the marks as per the law and she will be allotted the seat which has been kept vacant."

Case Title: Rajni Shende V. The State Of Madhya Pradesh & Ors.| Special Leave to Appeal (C) No.6189/2022