The Supreme Court on Friday directed the counselling for super-specialty medical courses in Tamil Nadu and Kerala to be held for the academic year 2020-2021 without providing reservations for in-service doctors.
“As the admission process is at the final stages, we cannot permit reservation for in-service doctors for this year,” a Bench led by Justice L. Nageswar Rao ordered.
The Bench, however, did not express any opinion on the validity of a Tamil Nadu government order of November 7, which allowed 50% in-service quota in super-speciality medical courses at government colleges in the State. Some NEET-qualified doctors had challenged the government order when the Madras High Court chose not to intervene.
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The Tamil Nadu government, represented by senior advocate C.S. Vaidyanathan, had explained that there were 369 super specialty medical seats in the State. However, 70% of the doctors who qualified left the State, he said, “At least, in-service doctors would serve in Tamil Nadu till their retirement.” Senior advocate P. Wilson argued that the law in the matter had been settled time and again.
The judgment did not delve on the question of law, saying it would hear it in detail in February 2021. Meanwhile, it said the admission process, which was in its final stages, would proceed this year without in-service reservation.
“The process for admissions to super specialty medical courses started on August 3. It was made clear to all the competing candidates that there shall be no reservation. The government order reserving 50% seats for in-service doctors would be detrimental to the interests of the meritorious doctors…” the Supreme Court observed in the case of Tamil Nadu.
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On Kerala, the court said the State government was unable to implement the Kerala Medical Officers Admission to Postgraduate Courses under Service Quota Act of 2008, which provides for 40% reservation for in-service doctors in super-specialty courses.