Tamil Nadu to get 50% NEET SS Reservation for In service: SC

With this, the Apex court bench comprising of Justice L Nageswara Rao and BR Gavai allowed the State of Tamil Nadu for implementing 50% reservation for in-service doctors in super specialty courses for the academic year 2021-2022, adds Live Law.

"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," noted the Supreme Court today.

The matter has been listed for further hearing after the Holi vacation.

Medical Dialogues had earlier reported that the Supreme Court bench had reserved its interim order regarding the 50 per cent in-service reservation in admission to super-specialty courses.

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.

Also Read: NEET SS 50 per cent In-service Reservation: Supreme Court Reserves Interim order

While considering the matter, the Madras High Court recently 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 current 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 is yet to begin.

Recently, during the hearing of the case, it had been contended by the petitioners that the Tamil Nadu G.O was unconstitutional as the Supreme Court constitution bench had earlier held that there would be no reservation of seats for super specialty DM/M.Ch. courses.

The petitioners were requesting for an extension of the interim order that was passed by the top court last year barring the implementation of in-service reservation for the academic year 2020-2021.

The Union Government also sought a continuation of stay and pointed out that since NEET-SS 2017 there has been no reservation in Super-specialty and the centre had further pointed out that if the State restricts entry in any manner it would be detrimental to national interest.

However, the top court had noted on Monday that there were several developments in the situation since the interim order that had been passed last year. "At that point in time we had passed the interim order because everybody was informed that there would be no reservation for that year. So, introducing reservation at a late stage was not permissible is what we said," the top court bench clarified in Monday.

On the other hand, the Tamil Nadu Government and the in-service doctors supported the reservation by pointing out that most of the non-service candidates in the last four years have not even complied with the bond conditions and those who have, 92% of such doctors go away after two years. In such a situation, it becomes difficult for the state to sustain its institution, the state had claimed.

After taking note of the submissions, the top court bench had reserved the interim order on Monday.

As per the latest media report by Live Law, the bench opined today that there was no case made against the interim protection granted for the academic year 2020-2021. So, rejecting for an interim relief of barring the implementation of reservation, the top court bench listed to hear the matter after Holi vacation.

"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. List the matters for hearing after vacation," noted the bench.