DR. PREETHISWARY S. Vs. DR. G. KAMALESHWARAN

JUDGEMENT

(1.) These Writ Appeals are listed before this Court by way of Specially Ordered cases for the following reasons.

(2.) One Dr.Rajesh Wilson had filed W.P.No.6031 of 2017 on 03.03.2017 [Dr. Rajesh Wilson Vs. The Secretary to Govt., Health and Family Welfare Dept., 2017 (3) CTC 337] praying for issuance of a Writ of Mandamus directing the Director of Medical Education, Kilpauk, Chennai-600 010 and the Selection Committee, The Director of Medical Education, Kilpauk, Chennai-600 010, to implement the Regulation 9(IV) of Post Graduate Medical Education Regulation, 2000 as amended by adding 30% marks on the marks secured by him in the National Eligibility cum Entrance Test - Post Graduate [in short "NEET-PG"] while preparing the rank list for admission to Post Graduate Course in 50% reserved category for Government Servants for the academic year 2017-2018 by passing orders on his representation dated 24.02017. The said writ petition was entertained and pendency of the same, the Medical Council of India, New Delhi-110 077, has been impleaded as the fourth respondent in the said writ petition. Since the cut-off date for admission is on 07.05.2017, the writ petition was taken up for final disposal. The respondents in the writ petition did not file their counter affidavits. Arguments were advanced on behalf of the writ petitioner contending that proviso to Clause (IV) of Regulation 9 of the Post Grade Medical Education Regulations, 2000 has been added, vide notification dated 15.02012, with effect from 27.02012 and as per the same, the petitioner is entitled for 10% of the marks to be obtained to be added along with the marks he had obtained in NEET for every completed year of service and therefore, he is entitled for 30% of the marks to be obtained to be added with his NEET marks and therefore, ranking may be done accordingly. The petitioner, in this regard, has also submitted a representation to the second respondent to comply with the above said provisions and there was no response.

(3.) The Writ Petitioner has placed reliance upon the judgment rendered by the Honourable Supreme Court of India in State of Uttar Pradesh and Others Vs. Dinesh Singh Chauhan [2016 (9) SCC 749], wherein the scope of Regulation 9 of the Post Grade Medical Education Regulations, 2000 has been considered in detail and it has been held that Regulation 9 is a self-contained code regarding the procedure to be followed for admission to medical courses and it has been further held in the said decision that the State has no authority to enact any law, much less any executive instructions that may undermine the procedure for admission to Post Graduate Medical Courses enunciated by the Central Legislation and Regulations framed thereunder, being a subject falling within Schedule VII List I Entry 66 of the Constitution of India.