A Full Bench of the Supreme Court held that there will be no reservation for the in-service doctors for admission into Super Specialty Medical Courses in the State of Tamil Nadu for the present academic year. This decision was taken due to the advanced stage of the admission process in the state.
Brief facts of the case
A petition was filed by the Respondent in the Kerala High Court. It seeks for the implementation of the reservation to 40 percent of the seats in Super Specialty Medical Courses for in-service Doctors following the decision in Tamil Nadu Medical Officers Association v. Union of India (2020) SCC Online P. 699 (“T.N Medical Officers’ case”)
The Single Judge of the Kerala High Court refused to grant a stay of counseling to the 40 percent seats for the in-service quota. Later, a Division Bench of the High Court allowed for the reservation. It directed the preparation of a list of candidates eligible for admission as in-service candidates.
This order of the Division Bench of the High Court was challenged by the Petitioners in the present appeal. They are post-graduate degree holders in Medicine, who have qualified the National Eligibility-cum-Entrance Test (NEET), 2020 for admission to Super Specialty Medical Courses for the academic year 2020-2021.
The respondents filed a petition in the High Court of Madras seeking a direction to notify 50 percent of the vacancies for in-service Doctors for admission to Super Specialty Medical Courses for the academic year 2020-2021 in the State of Tamil Nadu. The petition was disposed of by a learned Single Judge of the High Court. It held that the relief sought has already been granted by the State Government. The said order dated was also challenged in this appeal. It was filed by six Doctors who are eligible for admission to Super Specialty Medical Courses. It also seeks a direction to conduct the counseling and admission to the Super Specialty Medical Courses for the academic year 2020-2021 as per the information bulletin and not to grant any reservation to in-service Doctors.
Arguments advanced regarding the State of Kerala
As the information bulletin for the entrance examination for admission to Super Specialty Medical Courses has already been issued. It does not provide for any reservation for in-service candidates. Therefore, it was practically impossible to introduce any new reservation norms for the current academic year i.e. 2020-2021.
However, the legislation made by the state providing for reservation to in-service doctors has been upheld in upheld by the Apex Court in its decision in T.N Medical Officers’ case and the state has the power to provide reservation to in-service Doctors in super specialties.
An administrative inconvenience cannot be a ground to interfere with the order passed by the High Court directing the implementation of the reservation to in-service doctors following the Kerala Medical Officers Admission to Postgraduate Courses under Service Quota Act, 2008.
The Court should not interfere with the order passed by the High Court as it would result in an immense loss to the in-service doctors in the State of Kerala.
Arguments regarding State of Tamil Nadu
The judgment of the Constitution Bench in T.N Medical Officers’ case does not deal with the admissions to Super Specialty Medical Courses. It is settled law that there cannot be any kind of reservation in admission to Super Specialty Courses. Also, throughout the admission process, it was made clear to the candidates that there shall be no reservation for admission to Super Specialty Courses.
The Rules of the game cannot be changed mid-stream. Therefore, no reservation can be provided for this academic year i.e. 2020-2021 as the procedure for selections for admission to Super Specialty Medical Courses started a long time back.
Counter-arguments by the State of Tamil Nadu
The Constitution Bench considered the issues that are raised by the Petitioners, T.N Medical Officers’ case. It has been laid down by the Supreme Court that the States have the power to provide reservation for in-service candidates in postgraduate courses.
The Council stressed the requirement of Doctors having Super Specialty qualifications to cater to the needs of the patients in the rural areas.
Around 70 percent of the Doctors who are trained in the State of Tamil Nadu in the Super Specialty Medical Courses do not serve in the State of Tamil Nadu. A huge amount is expended on each Doctor for their training in the Super Specialty courses and the people of the State of Tamil Nadu do not get the benefit of their services. Whereas, the in-service doctors must serve the State of Tamil Nadu till the date of their retirement.
As the admissions for the year 2020-2021 have not been completed, the judgment in T.N Medical Officers’ case has to be implemented for admissions to the academic year 2020- 2021.
It is necessary on the part of the National Medical Commission and the Union of India to implement the law laid down by the Apex Court by providing for reservation for in-service doctors in Super Specialty Medical Courses.
Court’s Observations
The Bench noted that it was made clear in the information bulletin to the candidates that there shall be no reservations of seats for Super Specialty Courses. Also, the Medical Counselling Committee issued the counseling scheme for All India Quota for NEET Super Specialty 2020-2021, which made clear that there shall be no reservation for Super Specialty Medical Courses.
The State of Tamil Nadu decided to reserve 50 percent of the Super Specialty seats in Government Medical Colleges in the State of Tamil Nadu for in-service candidates. This order is based on the judgment of this Court in T.N Medical Officers’ case.
The Kerala Medical Officers Admission to Postgraduate Courses under Service Quota Act, 2008 provides for 40 percent reservation for in-service doctors in admission to the Super Specialty Medical Courses. However, the State of Kerala has shown its inability to implement the said Act for admission to the Super Specialty Medical Courses for the current academic year i.e. 2020-2021.
The order issued by the State of Tamil Nadu on reserving 50 percent seats for in-service doctors would be detrimental to the interests of the meritorious Doctors as 50 percent of the available seats in the State of Tamil Nadu in Super Specialty Medical Courses will not be available to them.
The Court observed that no reservation for in-service Doctors has been implemented since 2016. Therefore, as the admission process was at the final stages, it cannot permit reservation for in-service Doctors for this year.
Court’s Decision
The Bench held that no reservation for in-service doctors for admission to Super Specialty Medical Courses in Tamil Nadu will be applicable for the academic year 2020-2021.
Further, the petitions were listed to be heard in February 2021.
Click here to read the judgment in Dr. Prerit Sharma v. Dr. Bilu BS.
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