SC issues notice in plea to stay G.O. allowing 50% in-service reservation

The plea was filed by a group of doctors

The Supreme Court on Tuesday issued notice in a plea filed by a group of doctors to stay a Tamil Nadu government order allowing 50% in-service reservation in admissions to super-specialty medical courses in government colleges in the State.

The doctors, led by Amit Mohanty, are postgraduate degree holders, qualified in NEET 2020, for admissions to super-specialty medical courses for the current academic year.

The Madras High Court, on November 9, had not intervened against the State government order of November 7.

The appeal was filed by advocate Shivendra Singh, with caveats filed by senior advocate P. Wilson.

The court issued notice, but did not order a stay of the State government order or the subsequent decision of the High Court, which is on appeal in the apex court. The court scheduled a hearing for November 19.

In their appeal, the doctors argued that the apex court was already seized of the issue of reservation in super-specialty medical courses in the Dr. Preeti Sharma case and had ordered the maintenance of status quo till it was finally decided.

Besides, they contended that a Constitution Bench of the Supreme Court, exported in 1999, had held that “merit, and merit alone, is the basis for admission at the super-specialty level”.

Instead, the November 7 order of the State government had empowered the Secretary, Selection Committee, to conduct counselling and fill 50% of the super-specialty seats in government medical colleges with in-service candidates in the State of Tamil Nadu.

The appeal argued that the order was contrary to the Postgraduate Medical Education (Amendment) Regulations of 2019, which mandates that the Directorate General of Health Services should be in charge of the admission process.

“There is no concept of any reservation for admission to super-specialty medical courses,” the appeal said.

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