NEET SS 2021: 50 percent Reservation for In-Service doctors challenged, Supreme Court issues notice
New Delhi: The Supreme Court on Monday sought to know from the Tamil Nadu Government regarding its stand on a plea challenging the Government Order allowing 50 per cent reservation for in-service doctors in admission to super-specialty courses.
Asking the Government along with the Union Health Ministry to file their reply, the top court division bench comprising of Justices L. Nageswara Rao and B.R. Gavai mentioned, "Issue notice returnable on 25.02.2022. Learned counsel for the respondents are permitted to file reply, in the meanwhile."
Denying to provide any interim relief without hearing the respondents, the top court bench directed the registry to list the matter for further hearing on February 25, adds Live Law.
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.
The matter was being considered before the Madras High Court and recently the High Court bench comprising of Justice M Dhandapani passed its final order in the matter and HC directed the State Government to allocate 50 per cent of the super-speciality seats in DM/Mch courses in government medical colleges to in-service doctors in Tamil Nadu for the current academic year 2021-2022.
However, recently some doctors who appeared in the NEET-SS 2021 examination appeared before the Supreme Court and challenged the matter.
Senior advocate Gopal Sankaranarayanan, representing the petitioners, contended before the bench that petitioners had appeared for the examination on the basis of NEET-SS- 2021 Information Bulletin, which categorically said that there would be no reservation of seats for super-specialty courses.The petitioners contended that it would be detrimental to the national interest to have reservation in the super-speciality courses, adds IANS.
"...Subsequently on 01.11.2021 NEET All India Bulletin for Super-specialty was issued. At page 285, they specifically say... they refer to Preeti Srivastava and say that there shall be no reservation for super-speciality. It is on this basis that they sat for the exam on 10.01.2022. There is no whisper from the State of Tamil Nadu…that we are enforcing our GO. After the exam is conducted, the High Court is approached seeking implementation of the notification…The Bulletin tells that there is no reservation," the counsel for the petitioner doctors was quoted submitting before the top court by Live Law.
Reference was made to Paragraph 10.10 of the NEET-SS-2021 examination, which deals with reservation as, "0.10. Reservation: As per judgment of the Constitution Bench of Supreme Court of India Writ Petition (C) No. 350 of 1998, there is no reservation of seats for super specialty DM/M.Ch. courses."
Mentioning that Preeti Srivastava (supra) clearly mentions that there would not be any reservation at the Super Specialty level, the counsel for the petitioners further added, "In Preeti Srivastava they rely on Indra Sawhney and they say because Indra Sawhney says super-speciality in the context of medicine specifically, we will not allow super-specialty reservation of any type…"
When the bench asked why the petitioners have come to the Apex court directly, the counsel pointed out that the Tamil Nadu Government Order providing In-service reservation is already under challenge before the top court and the petitioners are scattered across the country as the it is an All India issue.
"One, the GO we are challenging is already before your lordships. Second, among the petitioners there are petitioners from other State. It is an All India issue. Last 5 para of Preeti Srivastava, they have dealt with why super-speciality should not have any reservation of this sort…" submitted the counsel.
Additional Advocate General Amit Anand Tiwari represented the Tamil Nadu government before the top court.
Click here to read the top court order.
