The Supreme Court has given state governments the green light to offer reservation of seats for practicing doctors in National Eligibility cum Entrance Test (NEET) postgraduate degree courses. The decision made by a five-judge Constitution Bench of the apex court also clarified that the Medical Council of India (MCI) holds no authority to determine the reservation of in-service doctors for admission to PG courses.
MCI’s Role and Legal Position
The MCI is a statutory body formed under Entry 66 of List-I of the Indian Constitution. Its function is to regulate and define the standards of medical education in the country. As per Entry 66 of List-I, the council is responsible for coordinating and determining standards in institutions for higher education, research, scientific, and technical institutions.
Key Findings of the Supreme Court
The Supreme Court bench stated that the MCI’s attempt to deny such reservations is both unconstitutional and arbitrary. It affirmed that the power to offer reservations for in-service doctors lies with the state legislature. Furthermore, the Bench pronounced that states hold the legislative competence and authority to provide a separate entry route for in-service candidates seeking entrance into postgraduate degree/diploma courses in accordance with powers under Entry 25 of List-III. According to Entry 25 of List-III, education, which includes technical and medical education and universities, is under the purview of both the central and state governments.
Three-fold Distribution of Legislative Subjects Under Indian Constitution
The Indian Constitution lists a three-fold distribution of legislative subjects between the Union and the states, which includes List-I (the Union List), List-II (the State List), and List-III (the Concurrent List), as described in the seventh schedule.
Mandated Rural/Remote Service Scheme for In-Service Doctors
The Court also instructed states to develop a blueprint for rural/remote service by in-service doctors who complete their PG degree, necessitating the doctors to commit to a five-year term in such areas.
The Backstory
The case came into the spotlight when doctors from Kerala, Maharashtra, and Haryana challenged the validity of the Postgraduate Medical Education Regulations 2000, which were established by the MCI. Under this regulation, 50% of seats in PG diploma courses are reserved for medical officers in government service, however, this provision was barred in PG degree courses. Meanwhile, admissions to PG degree courses are regulated via the NEET, with 50% of seats filled through an all-India quota and the remaining 50% from state quotas.
Outcomes Sought by Doctors
Doctors opined that offering reservation benefits would motivate those serving in government hospitals and rural regions. Practicing doctors, the in-service candidates, found it challenging to compete with general merit candidates due to limited time for studying arising from job duties.
Opposition from Central Government and MCI
The proposal faced opposition from the Central government and the MCI. They argued that granting reservations or creating a separate pathway for in-service candidates would infringe upon the authority of the MCI and its regulations.
