DR.ANITHA GOPINATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Admit.

(2.) The challenge is against Clause 11.7 of Ext.P6 Prospectus for admission to the Post Graduate Courses in Dental Surgery (MDS-Master of Dental Surgery) in Dental Colleges in Kerala, 2021, which provides that inter se seniority in service will be a criteria for selection to MDS Course. The question whether admission can be made to the inservice quota based on inter se service seniority of the eligible candidates came up for consideration before the Hon'ble Apex Court in Civil Appeal Nos.297 to 298 of 2015 and the Hon'ble Apex Court, as per Ext.P11 judgment dated 12.01.2015, held that merit alone can be the basis of admission among candidates belonging to any given category. The Hon'ble Apex Court held that when the inservice candidates belong to one category, their inter se merit cannot be overlooked only to promote seniority which has no place in the scheme of MCI Regulations. Prima facie, Clause 11.7 of Ext.P6 Prospectus goes against the law laid down by the Apex Court in Ext.P11 judgment.

(3.) The learned Government Pleader asserted that the Hon'ble Apex Court in the judgment in Tamil Nadu Medical Officers' Association and others v. Union of India and others [(2021) 6 SCC 568] has held that the observations in the case of Sudhir N. (Ext.P11 judgment) that Regulation 9 is a complete code in itself may not be construed with respect to providing reservation and/or making special provision like providing separate source of entry for inservice candidates within the State Quota and subject to fulfillment of other criteria fixed and provided by the MCI.