Provide 50 percent Reservation to In-Service Doctors in Super-Speciality Courses: Madras HC tells Govt

This direction was issued by the High Court bench comprising of Justice M Dhandapani after listening to the arguments advanced by senior advocate P Wilson and advocate G Sankaran for the petitioner.

The court directed the State to implement an earlier government order dated November 7, 2020, which allocated 50 per cent of seats in super-speciality courses in favour of in-service doctors of Tamil Nadu, for the current academic year.

The issue concerns the Sl.No.29(C) of the Prospectus, which provides that 50% of seats in the State Government will be exclusively allotted to in-service candidates and even in the remaining 50% in the Open Category, the in-service candidates are entitled to participate and they will also have the advantage of weightage that is given for doctors from remote/difficult/hilly areas.

Medical Dialogues has been reporting about the matter of whether 50 per cent reservation to government doctors and in-service candidates in PostGraduate medical (PG medical) and super-speciality courses should be allowed. The issue came after the state of Tamil Nadu, on November 7, 2020, had allocated 50 per cent of postgraduate super-speciality seats in government medical colleges to in-service government doctors from the academic year 2020-2021.

Also Read: HC issues notice on 50 percent reservation for Inservice doctors in Tamil Nadu

The petitioners had contended that earlier, regarding the state-quota seats, 50% of slots were earmarked for in-service candidates and the selection was conducted by preparing two lists-one for service candidates and the other one was for open quota. It was decided that the in service candidates were entitled to compete in the open quota seats as well.

However, the reservation was discontinued from 2017 because of the orders passed by the Supreme Court. Later the top court had held that the state had the legal authority for providing a separate source of entry for in-service candidates seeking admission to PG medical courses in exercise of powers under Entry 25 List-III of the Constitution, it was argued by senior advocate P Wilson.

Even though the State in 2020 had provided reservation, the Medical Counselling Committee, operative under the Director-General of Health Services had objected to it and the matter came to be challenged before the Supreme Court once again and the top court had ruled last year that there cannot be any 50 percent reservation in super-specialty courses for the academic year 2020-2021. This observation had come from the top court as the counselling process for that academic year had already commenced.

When the admission process for the current academic year was about to commence, the petitioners had made a representation before the authorities and sought for the implementation for the 2020 GO passed by the State Government. However, no action was taken in this regard and that is why, the petitioners approached the High Court, adds TOI.

After listening to arguments advanced by senior advocate P Wilson and advocate G Sankaran for the petitioner, the judge passed the orders for the implementation of an earlier government order dated November 7, 2020 which allocated 50 per cent of seats in super-speciality courses in favour of in-service doctors of Tamil Nadu, for the current academic year, adds PTI

Earlier, the duo cited the orders dated August 31, 2020 of the Constitutional bench of the Supreme Court in the case of Tamil Nadu Medical Officers Association vs Union of India, which had held that the State was having legislative competence to provide for a separate source of entry for in-service candidates seeking admission to PG medical courses. Based on the same, the State government had issued the November 2020 GO, they told the judge.