TAMIL NADU MEDICAL OFFICERS ASSOCIATION & ORS versus UNION OF INDIA & OTHERS

Citation: [2020] 8 S.C.R. 583 · Decided: 31-08-2020 · Supreme Court of India · Bench: ARUN MISHRA · Disposal: Disposed off

Cited by 3 judgment(s) · cites 23 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
583
TAMIL NADU MEDICAL OFFICERS ASSOCIATION & ORS.
v.
UNION OF INDIA & OTHERS
(Writ Petition (Civil) No. 196 of 2018)
AUGUST 31, 2020
[ARUN MISHRA, INDIRA BANERJEE, VINEET SARAN,
M. R. SHAH AND ANIRUDDHA BOSE, JJ.]
Medical Council of India Post Graduate Medical Education
Regulations, 2000:
Regulations 9(IV) and (VII) (as it stood prior to 5th April
2018) and 9(4) and (8) (as it stood after amendment dated 5th April
2018) – Whether take away the power of State Governments to
reserve seats in Post-Graduate Medical degree courses for in-
service medical professionals – Held: Per Shah, J. – In exercise
of power under Entry 25 of List III of Seventh Schedule to the
Constitution, State has power with respect to reservation/ percentage
of reservation and/ or mode of admission within State quota –
Scope of Entry 66 of List I to Seventh Schedule is limited to
prescribe the standard of education – The source of power to
Medical Council of India (MCI) to frame Regulations is from s.
2.33 of MCI Act which is emanating from Entry 66 of List I –
Regulation 9(IV) is limited to reservation in favour of SC/ ST/ OBC
– Therefore, Regulation 9(IV) cannot be said to be taking away
power of States under Entry 25, List III, to provide separate source
of entry for in-service candidates – There is legitimate rational
basis in providing a separate source of entry to in-service
candidates – Such act of the State is in discharge of its
constitutional obligation provided u/Art. 47 which is corresponding
fundamental right u/Art. 21 of the Constitution – Therefore
Regulation 9, to the extent it tinkers with the reservation provided
by State to in-service doctors, is ultra vires on the ground that it is
arbitrary, discriminatory and violative of Arts. 14 and 21 of
Constitution – However, the doctors who would obtain admission
through such separate channel, need to serve the State in rural,
tribal and hilly areas at least for five years after obtaining the
degree – Per Bose, J. – Allocation of seats for in-service candidates
  [2020] 8 S.C.R. 583
583
A
B
C
D
E
F
G
H
584
SUPREME COURT REPORTS
[2020] 8 S.C.R.
is only a separate or exclusive source of admission which cannot
be equated with reservation provisions incorporated as
compensatory discrimination – The field of legislation in question
is shared field between Union and the State – In such case
legislative disability of the States would occur only when the Union
legislation covers the same subject on which State undertakes
legislative exercise and the State legislative instrument is found to
be repugnant – Such repugnancy has to be direct and positive –
There cannot be implied repugnancy – If certain area of legislative
entry is left void by Union, this void can be filled by the State
legislature – The Regulations in question, though a self-contained
code are not an exhaustive code covering all the aspects of
admission in post-graduate medical degree courses – The provision
for reservation in clause 9(4) for in-service doctors by the State
from State-wise merit list, cannot be interpreted to mean that the
State is denuded of its power to make separate channel of
admission – There is no bar on the State Authorities to provide for
such reservation – Therefore, such reservation provided by the State
would not be contrary to the Regulations – The doctors in
employment form a separate and distinct class and hence can be
given certain element of preference – But to take benefit of such
separate entry channel, the aspiring in-service doctors must clear
NEET Examination with minimum prescribed marks – In order to
avail the separate source of entry, the State should make a minimum
service in rural, remote or difficult areas for a specified period
before seeking admission and subsequent to obtaining the degree
– Constitution of India – Arts. 14, 21, 47, 245, Schedule VII,
List I, Entry 66, List III, Entry 25.
Disposing of the matters, the Court
HELD:
PER M. R. SHAH, J.
1.1. Entry 66 of List I of Seventh Schedule of the
Constitution is a specific entry having a very specific and limited
scope. It deals with “Coordination and Determination of
Standards” in institutions of higher education or research as well
as scientific and technical institutions. The words “Coordination
and Determination of Standards” would mean laying down the
A
B
C
D
E
F
G
H
585
said standards and therefore when it comes to prescribe the
standards for such institutions of higher learning, exclusive
domain is given to th

Excerpt shown. Read the full judgment & AI analysis in Lexace.