A five-judge Constitution Bench of the Supreme Court on Monday held that the Medical Council of India (MCI) cannot devise a quota for in-service candidates in postgraduate medical degree or diploma courses in any State.
The Bench led by Justice Arun Mishra said MCI is a creation of a statute under Entry 66 of List 1 of the Constitution. The council’s role is to coordinate and determine the standards of medical education.
However, separate but concurring judgments authored by Justices M.R. Shah and Aniruddha Bose said States can devise a separate channel of entry for in-service doctors.
“State has the legislative competence and authority to provide for a separate source of entry for in-service candidates seeking admission to postgraduate degree/diploma courses in exercise of powers under Entry 25, List III,” Justice Shah wrote. Candidates should serve at least for five years in rural, hilly regions after obtaining their PG degrees through this channel .
