Don't allot 50 Percent seats In Super-Speciality Courses at TN Medical Colleges: Madras HC Tells Centre
Chennai: While considering the pleas concerning 50 percent In-service reservation for Super Speciality admission, the Madras High Court on Friday barred the Central Government from allocating 50% of the seats in Tamil Nadu until the Supreme Court issues any clarification in this regard.
Although the Apex Court bench had allowed 50% reservation for the in-service doctors for the academic year 2021-2022, there is no clarity if the same rule would remain applicable for the academic year 2022-2023 as well.
Therefore, asking the State Government or the petitioner in-service candidates to obtain a clarification from the top court bench, the Madras HC Justice R Suresh Kumar has granted the State and the petitioners ten days time for getting clarification from the Apex Court.
Further, while disposing of the pleas, the HC bench opined that the stand of the Central Government had some substance and therefore, it has to be accepted.
"However, it is open to the State and the petitioners to go to the Supreme Court to seek clarification as to the continuity of its order passed last year with respect to fill 50% super speciality seats as per TN government's GO (Ms) No 462 for the academic year 2022-23," observed the bench.
Meanwhile, the Court has given its nod to the Centre for continuing with the counselling for 50% seats. However, it has also clarified that no final allotment order would be issued for any of the candidates.
The issue emerged after the state of Tamil Nadu, on November 7, 2020, had allocated 50 per cent of postgraduate super-specialty seats in government medical colleges to in-service government doctors from the academic year 2020-2021.
While considering the matter, the Madras High Court had earlier directed the Government to allocate 50 per cent of super-specialty seats in DM/Mch courses in government medical colleges to in-service doctors in Tamil Nadu for the academic year 2021-2022. Consequently, the matter came to be challenged before the Apex court. As a result, even though the NEET-SS 2021 examination was conducted on January 10, 2022 and results were published on January 31, the counselling process came to a halt.
Also Read: Tamil Nadu to get 50% NEET SS Reservation for In service: SC
Earlier this year, Medical Dialogues had reported that the Supreme Court bench of Justices L Nageswara Rao and BR Gavai had allowed the State of Tamil Nadu for implementing 50% reservation for in-service doctors in super specialty courses for the academic year 2021-2022
"We are of the view that no case is made out for continuing interim protection which was granted for the academic year 2020-2021 by interim order dated 27.11.2020. Thus we reject the prayer in that regard. Needless to say, that the State of TN would be at liberty to continue counseling for academic year 2021-2022 by taking into consideration reservation provided by the State," the bench had noted back then.
While the Supreme Court had allowed the 50% In-service reservation for the previous academic year i.e. 2021-2022, there is no clarity if the same rule shall continue for the academic year 2022-2023 as well.
Therefore, filing a plea before the HC, two In-service doctors had raised the issue. The counsel for the doctors submitted that although In-service quota was not allowed by the Supreme Court for the academic year 2020-2021, the Madras HC had allowed the same for the academic year 2021-2022. Later, the order of the HC was challenged unsuccessfully before the Supreme Court, which had allowed the reservation benefits.
However, during the hearing of the case on Thursday, the counsel for the doctors, Mr. P Wilson pointed out that the Director General of Health Services, (DGHS) via communication dated 27.10.2022, wanted to take the entire seat matrix i.e., 100% of seats for the academic year 2022-2023, which should be submitted to the MCC of DGHS and they wanted to go ahead with the counselling. For this, schedule also has been issued by them and as per the schedule, the choice of filling would start from 25.11.2022.
So, Centre issued common counselling orders for 100% seats without referring to the Tamil Nadu Government's G.O. for 50% In-service reservation. Referring to this, the petitioner doctors requested the court for restraining the Central Government authorities from filling up 50% of seats under the State quota for 2022-23 without reference to the GO for the quota.
In this regard, the counsel for State, Tamil Nadu Advocate General (AG) R Shanmugasundaram submitted that the Supreme Court had not stayed the Government Order issued by the Tamil Nadu Government regarding In-service reservation.
On the other hand, the counsel for the Central Government authorities argued that the Supreme Court's order was valid only for the academic year 2021-2022 and not for the following years. Therefore, the State Government should get a clarification from the Apex Court.
As per the latest media report by The New Indian Express, taking note of the submissions, the HC bench has barred the Centre from allocating 50% of the seats in Tamil Nadu until the State or the petitioners obtained any clarification in this regard from the Supreme Court.
However, it has allowed the Centre for continuing with the counselling for 50% seats provided that no final allotment order would be issued for any of the candidates.
