The Hindu : Tamil Nadu News : In-service eligibility clause for doctors set aside

Online edition of India's National Newspaper
Friday, Dec 31, 2004

Tamil Nadu

Tamil Nadu

In-service eligibility clause for doctors set aside

By Our Staff Reporter

CHENNAI, DEC. 30. The Madras High Court has set aside a clause making three-year uninterrupted service mandatory for government doctors to join postgraduate courses under the in-service candidate quota, as against two years originally stipulated.

The matter relates to a batch of more than 45 writ appeals against a single judge order upholding Clause 23 of the prospectus for PG medical examination 2004-05, following an October 2002 government order.

Earlier, government doctors were required to put in a minimum of two years of "satisfactory, continuous and uninterrupted service" to apply for postgraduate courses under the in-service candidate quota. They were required to serve in a primary health centre after the completion of the PG course as well.

The impugned order came pursuant to a policy decision to reduce the compulsory period of service in rural areas from five to three years and simultaneously increase the minimum in-service eligibility criterion from two to three years.

When it was challenged, a single judge dismissed all the writ petitions.

Passing orders on the appeals, a Division Bench comprising Justice M. Karpagavinayagam and Justice S.R. Singharavelu said there was no nexus between the impugned decision and the object sought the Government sought to achieve.

The Bench referred to the Government's stand that as per the present decision the candidates need not go back to the primary health centres after completing the PG course and said, "if this argument is accepted rural people would be deprived of availing themselves of medical care by more qualified persons having expert knowledge in specialised subjects."

`Not in public interest'

Stating it was "not in the public interest," the judges ruled that increasing the eligibility from two to three years would not achieve the object of rendering quality medical service to rural masses.

Though the impugned decision was taken in October 2002 itself, it was given effect to only for the academic year 2004-2005, instead of being implemented the next year itself. "What is the reason for the introduction of this clause belatedly? There is no explanation." In view of this "missing link," the students' contention that the clause was introduced to deprive the present batch alone "has got to be countenanced. It cannot be said to be fair and equitable."

The judges also rejected the Medical Council of India's submission that "no admission was permissible at this stage," and directed the authorities to admit the appellants to PG courses after informing them of their selection.

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