New Delhi, Aug. 4: The Supreme Court has set aside an Orissa High Court order which had permitted the state to give a weightage of 10 per cent to in-service candidates in postgraduate medical admissions.

The state government had announced a weightage of 30 per cent, i.e. 10 per cent for each year, for MBBS candidates who worked in rural areas of the state, to apply in the direct merit category in addition to separate seats set aside for them.

The high court had upheld this weightage for admissions to postgraduate seats in government-run colleges in the state for admission in the general category.

Eight to seven seats were available in the state for the in-service category and 86 for the direct category out of a total 173 postgraduate seats at four medical colleges in Odisha.

Students in the direct candidates (or open) category challenged Clause 11.2 of the 2012 prospectus which gave additional weightage to candidates in employment of the government of Odisha or state or central public sector units located in Odisha and had worked in rural, tribal or backward areas while applying through the category of direct candidates.

They claimed that this clause was arbitrary and hence a violation of Article 14 of the Constitution, which guarantees equality to all.

The high court, however, dismissed their pleas on April 9. On appeal, a top court bench, comprising Justice K.S. Radhakrishnan and Justice Dipak Misra set it aside yesterday.

“We are, therefore, inclined to allow this appeal and set aside the judgment of the division bench as well as learned single judge by quashing the proviso to Clause 9(2)(d) of the MCI regulations to the extent indicated above as well as clause 11.2 of the prospectus issued for admission to the PG Medical Examination 2012 in Odisha,” the court observed.

The court directed the state, the Medical Council of India and the state-run medical colleges to take urgent steps to rearrange the merit list and to fill up the seats of the direct category, excluding in-service candidates who got admission in the open category on the strength of weightage, within one week and give admission to the open category candidates on the basis of merit.

“The purpose and object for giving weightage to in-service candidates who have rendered rural/tribal service is laudable and their interest has been taken care of by the Medical Council of India as well as the prospectus issued for admission to the various medical colleges in state of Odisha but they have to come through the proper channel i.e. the channel exclusively earmarked for in-service candidates and not through the channel earmarked for candidates in the open category,” the bench said.

“The in-service candidates are also free to compete through the open category just like any other who fall under that category. Further, it is also relevant to note those who get admission in PG courses through the open category have to execute a bond stating that they would serve rural/tribal areas after completion of their PG. In fact, weightage is given to those candidates who have rendered service in rural/tribal areas when they compete for admission to PG (Medical) Courses in in-service category for whom 50% seats are earmarked.”