Kerala HC directs Govt to implement 40 per cent in-service quota for PG Super Speciality medical seats
Kerala: The High Court of Kerala has recently directed the State Government to implement a 40 per cent in-service quota under the Kerala Medical Officers Postgraduate and Service Quota Act, 2008 during the counselling for PG-Super Speciality medical seats, and to prepare the list of candidates eligible for the quota.
With this order in effect, the NEET SS counselling which had been put on hold by the Medical Counselling Committee (MCC) is likely to resume soon. Medical Dialogues had earlier reported about the postponement of the NEET SS 2020 counselling session in effect to which the MCC had uploaded an official notice stating, "keeping in view the in-service reservation issue which has arisen out of Tamil Nadu and Kerala has been decided by the competent authority to postpone the Super Speciality/ DNB SS counselling 2020 till further orders."
The Kerala Medical Officers' Admission to Postgraduate Courses Under Service Quota Act, 2008 is an Act to provide for quota of seats among Medical Officers of the State of and to a selection procedure for admission to various Postgraduate Courses in the Medical Colleges under the service quota considering their service under the Government and for matters connected therewith or incidental thereto
A division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly directed the Director-General of Health Services and the National Medical Commission to give effect to the same while observing that the States have the power to provide quota for in-service candidates in PG-Super Speciality medical courses.
The direction came following a petition moved by a group of candidates aggrieved by the directions in the common interim order, by a single bench, declining to restrain from proceeding with the counseling/admission to 40% seats in the in-service quota scheduled for October 8.
The petitioners' advocate submitted that the State Government have legislative competence and authority to make reservations and/or provisions for admissions to Postgraduate/Super Speciality courses while inviting the court's attention towards the decision by the Supreme Court in Tamil Nadu Medical Officers Association and Others v. Union of India and Others reported in 2020 SCC Online SC 699, wherein, it upheld the same.
The learned counsel for the appellants further submitted, "Insofar as the State of Kerala is concerned, such reservation in admission for Postgraduate/Super Speciality Courses was already provided under the Kerala Medical Officers Postgraduate and Service Quota Act, 2008, and the rules framed thereunder, provide for guidelines prescribing eligibility criteria for the candidates opting reservation under the in-service quota."
Responding to the submission, the learned Senior Government Pleader submitted that the State Government have to make a rule specifying a minimum period of service in the rural area as mandatory, so as to make in-service candidate as qualified and till such time, admission can not be made by providing 40% reservation in this year.
The bench observed that the apex court has now upheld the in-service quota in the Tamil Nadu Medical Officers Association case, the authorities are bound to implement it.
The court noted;
"Now that the Hon'ble Supreme Court in Tamil Nadu Medical Officers Association's case (cited supra), held that the State has got authority and competence to provide reservation. Hence, we are of the considered view that directions issued by the Hon'ble Supreme Court in Tamil Nadu Medical Officers Association (cited supra) is binding on the National Medical Commission of India/State Government/Union of India."
The court held;
"Now that the Hon'ble Supreme Court has made it clear that the State has the right to provide reservation, the position as on 2009-2010 has to be restored, as per the provisions in Kerala Medical Officers Postgraduate and Service Quota Act, 2008 and the rules framed thereunder. State Government is bound to implement the judgment of the Hon'ble Supreme Court in Tamil Nadu Medical Officers Association's case (supra), giving effect to the same as per the statutory provisions and the rules. State is yet to prepare the list. Appellants and others have participated in the examination conducted for admission to the Super Speciality courses, which is the subject matter in this appeal. State Government is directed to prepare a list of eligible candidates, for admission against general and candidates against 40% reservation earmarked for in-service candidates, and accordingly, forward the list of candidates, both general as well as in-service candidates, to Director General of Health Services (respondent No.1), the authority for counselling the candidates for admission to the Super Speciality courses."
To access the official judgment, click on the link below-
https://medicaldialogues.in/pdf_upload/pdf_upload-135749.pdf
