A five-judge
constitution bench headed Hon’ble Mr.Justice Arun Mishra held that the States
have legislative competence to make special provisions for reservation.
The Hon'ble
Supreme Court of India has in a recent judment held that the Medical Council of
India(MCI) has no authority to enact regulations to retain incumbent graduate
students in medical schools.
The five judges
bench led by Justice Arun Mishra observed that the Medical Intelligence
Committee is a statutory body established regulates medical education and
professions, but the right to maintain admission vests with the respective
State Governments.
“The State may
frame regulations for employment individually. Doctors, who are already
working, should, however, be mandated to serve in rural and tribal areas for
five years,” the bench ruled. It held that the MCI regulation that barred such
reservation was “unconstitutional and arbitrary”.
The Supreme Court
has instructed the States to develop a rural and remote service plan for incubment
physicians after completing a graduate degree.
The Hon’ble Court was responding to a plea by doctors from Kerala, Maharashtra and Haryana saying, granting reservation benefits would encourage those working in government hospitals and in rural areas.
This news has been reported by Anubhuti Agrawal.
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