NE LEGAL BUREAU
NEW DELHI, NOV 27
The Supreme Court on Friday refused to permit reservation to doctors for admission in Super Specialty Medical Courses for the academic year 2020-2021.
The apex court in its interim order said the government order issued by the State of Tamil Nadu reserving 50 perent seats for in-service doctors would be detrimental to the interests of the meritorious doctors as 50 percent of the available seats in Tamil Nadu in Super Specialty Medical Courses will not be available to them.
The top court refused to agree with the submission that nobody will be prejudiced if the Government Order is given effect.
The apex court passed the interim order on the petitions challenging the directions of the High Courts of Kerala and the Government of Tamil Nadu to give effect to an in-service quota for the admissions to Super Specialty Courses.
A bench headed by Justice L Nageswara Rao directed that the counselling for admission to Super Specialty Medical Courses for the academic year 2020- 2021 shall proceed on a date to be fixed by the competent authority without providing for reservations to in-service doctors.
It reiterated that the direction would be operative only for the current academic year i.e. 2020-2021.
“The process for admissions to Super Specialty Medical Courses started on August 3, 2020, and it was made clear to all the competing candidates that there shall be no reservation to Super Specialty Medical Courses.
“As the admission process is at the final stages, we cannot permit reservation for in-service doctors for this year,” the bench also comprising Justices Hemant Gupta and Ajay Rastogi said.
Additional Solicitor General Sanjay Jain had argued that there can be no reservation in Super Specialty Courses.
Senior advocate Jaideep Gupta, appearing for Kerala, argued that it might not be possible to implement the reservations for in-service candidates at this stage for the academic year 2020-2021 as the admission process has already commenced.
However, Gupta said the legislation made by the State providing for reservation to in-service doctors has been upheld by the apex court and the State has the power to provide reservation to in-service Doctors in super specialties.
On October 7, a division bench of the Kerala High Court had directed that the 40 percent in-service quota under the Kerala Medical Officers Postgraduate and Service Quota Act, 2008 should be given effect during the counselling for PG-Super Specialty medical seats for the present academic year.
