New Delhi: Madhya Pradesh (MP) High Court turned down the merit list established by the State government for "in-service doctors" for National Eligibility cum Entrance Test (NEET) PG 2022 medical counselling for the year 2022-23.
As per the reports, the divisional bench of Chief Justice RV Malimath and Justice Vishal Mishra ordered the state government to create a new list of qualified applicants. The counselling session for NEET PG 2022 candidates will begin again based on the new list.
The orders were released after the court considered several petitions submitted by a group of Madhya Pradesh district hospital-based physicians.
According to the appeal, the petitioner-doctors passed the NEET examination for admission to PG medical programs on May 25, 2022. When the tests were evaluated, the petitioners, who were all "in-service" physicians, were entitled to a 30% PG admissions reservation.
However, on July 26, 2022, the Madhya Pradesh government (MP government) revised the Madhya Pradesh Chikitsa Shiksha Pravesh Niyam, 2018 (2018 Rules) to exclude 'in-service' doctors who had solely worked in district level hospitals and district health care centres.
Only doctors who had served in remote or rural locations for at least three years were eligible for the 30% seat reservation under the new guidelines. The applicants challenged the provision as it was “arbitrary and unlawful”, the officials informed.
The MP government, however, stated that although the 2018 Rules granted a 30% quota reservation for all licensed medical officers, the 2022 modification restricts the reservation to "to those in-service individuals who have served in rural/remote and challenging locations."
The Madhya Government stated that the Supreme Court had ruled that doctors who operate in rural/remote/difficult locations must be given a benefit over others. While the High Court agreed that the modification was legal, it ruled that the new provision could not be presented during the session.
The Supreme Court said, "Regarding writ appellants, we think the rejection of the petitioner's right to apply as in-service candidates have had a substantial impact.”
“They are qualified to apply as in-service candidates per Rules 2 and 14 of the 2018 Rules. In our opinion, the omission of their names from the list of individuals eligible for such relief is unjustified, "the court further stated.
Consequently, the Court concluded that the modification would be prospective and not apply to the current cadre of physicians.
"We have found that the challenged amendment is prospective and cannot influence the current cadre of physicians," the Court stated as it ordered the state government to generate a new list of qualified applicants.
Siddharth R Gupta and Aditya Sanghi acted as counsel for the petitioning physicians, while Deputy Advocate General Janhavi Pandit represented the defendants, Senior Advocate KC Ghildiyal advocates Anoop Nair and Rohan Harne, and advocates KC Ghildiyal and KC Ghildiyal.
Also Read:
- NEET PG Admissions 2022 to Begin Soon at AFMS Institutes; Check Admission Process Here
- CUP PG Counselling 2022 Dates Out, Registration Open till October 08, 2022; Direct Link Here
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