Chennai: Holding that the state cannot have its own rationale to arrive at a different calculation in awarding of the weightage marks, the Madras high court has directed the state government to add incentive marks as per the percentage prescribed in MCI regulations for in-service candidates, on the marks secured by them in the Neet while preparing the rank list for admission to the PG course in 50 percent reserved category for government servants.
Disposing a petition from Dr Rajesh Wilson, Justice Pushpa Sathyanarayana said, "The authorities are directed to follow Regulation 9 (4) of the Post Graduate Medical Education Regulations, 2000, by adding 30 percent marks on the marks secured by the petitioner in the Neet while preparing the rank list for admission to the PG course in 50 percent reserved category for government servants for the academic year 2017-18. It is made clear that admissions can and ought to be made only on this basis".
According to Dr Rajesh Wilson, he was working in government primary health centre in a tribal remote hilly area in Coimbatore district. As he had served in the tribal area, he was eligible for incentive marks at the rate of 10 percent of the marks obtained for each year of service up to the maximum of 30 percent of the marks obtained in Neet. He is an in-service candidate, was not eligible for the All India quota and he can apply only under the State quota. However, the prospectus issued by the state government restricted the total marks awarded for experience to 10 marks to all candidates. Therefore, he filed the present petition, he added.
Special government pleader contended that the petitioner having applied for the TN service candidate quota, was bound by the prospectus for admission. Without challenge to the prospectus, having applied under the same, it was not open to him to contend that the calculation as per Clauses 16 and 17 were not maintainable. Noting that the said prospectus itself was issued only subject to the assent of the President of India to TNLA Bill and the said assent was not granted till today, the judge said the said prospectus was not binding on the petitioner.
