SC allows 50% In-service Reservation for NEET SS Admissions, directs TN to fill seats within 15 days
New Delhi: The Supreme Court on Friday confirmed 50% In-service reservation for Super-Specialty admission in Tamil Nadu for the current academic year as well.
Clarifying that the super-specialty medical admissions for the current academic year shall be as per State Government order dated 07.11.2020, the Apex Court bench of Justices B R Gavai and Vikram Nath has directed the state government to fill the seats within 15 days.
"We, therefore, permit the State of Tamil Nadu to fill in the seats reserved on the basis of G.O. No.462 dated 07.11.2020, within a period of 15 days from today. On the 16th day from today, the State of Tamil Nadu will inform the Union of India with regard to all the seats which remain unfilled from the in-service category, which shall be permitted to be filled in by the Union of India, on the basis of All India merit list," the bench mentioned in the order.
The issue regarding In-service Reservation has been listed for further hearing on February 14, 2023.
Also Read: Tamil Nadu to get 50% NEET SS Reservation for In service: SC
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.
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.
However, there was no clarity if the 50% In-service reservation would be implemented for the academic year 2022-2023 as well. Therefore, filing a plea before the Madras High Court, two In-service doctors had raised the issue.
While considering the matter, recently the HC bench had barred the Central Government from allocating 50% of the seats in Tamil Nadu until the Supreme Court issued any clarification in this regard. Further, the HC had granted the State and the petitioners ten days time for getting a clarification from the Apex Court.
Accordingly, the State Government approached the Supreme Court and vehemently defended the government order (GO) of 2020 on the Super Specialty seats. On the other hand, ASG Bhati submitted that in the last year, number of seats reserved for in-service candidates could not be filled up. It was further submitted that the Super Specialty seats are valuable and a national asset, and they cannot be permitted to remain vacant. Ms. Bhati further submits that the Union of India on an All-India basis does not permit any in-service reservation.
The bench was quoted observing by PTI, "The state of Tamil Nadu has approached this court for clarification of an order dated March 16, 2022, that the said order is also applicable to all subsequent academic years till disposal of petitions. We have heard the counsels. The ASG submitted that last year a number of seats reserved for in-service candidates could not be filled up. She submitted that super speciality courses are valuable national assets and they cannot be permitted to go waste..."
"However, we find that the judgment in the case of Tamil Nadu Medical Officers Association (supra) had a direct bearing on the issue for consideration before this Court. We appreciate the anxiety expressed by the learned ASG that the issue requires to be decided finally," further observed the bench.
Upholding the 50% In-service reservation for the current academic year, the bench said, "However, insofar as the present academic year is concerned, we find that the State of Tamil Nadu needs to be permitted to fill in the post on the basis of the G.O. No.462 of 07.11.2020. Insofar as the apprehension of the learned ASG with regard to the seats remaining vacant is concerned, we find that certain directions could be issued to ensure that the seats do not remain vacant."
The top court also directed that on the 16th day, the state of Tamil Nadu will inform the Union of India with regard to all the seats which remain unfulfilled from in service candidates.
To read the order, click on the link below:
https://medicaldialogues.in/pdf_upload/tn-in-service-reservation-192835.pdf
