SC lets TN continue 50% reservation at super-speciality level in govt medical colleges

In a key development, the Supreme Court on Wednesday granted permission to the Tamil Nadu administration to continue to reserve 50% seats at the super-speciality level in Government Medical Colleges to in-service doctors. A bench comprising of Justices L Nageshwara Rao and BR Gavai noted that there is no case made out for continuing the interim protection granted in 2020 relating to stopping the execution of reservation in the super speciality.

"We are of the view that no case is made out for continuing the interim protection which was granted for the academic year 2020-2021 vide interim order dated November 27, 2020 (supra) and thus, we reject the prayer in that regard," the bench said.

The court further added, "Needless to say that the State of Tamil Nadu would be at liberty to continue the counselling for the academic year 2021-2022 by taking into consideration the reservation provided by it as per the said Government Order."

The apex court was listening to a petition challenging the Tamil Nadu government's decision pertaining to NEET super speciality reservation. The matter was argued by senior lawyer Gopal Sankaranarayanan, assisted by advocate Suhrith Parthasarathy and Shankar Narayan.

The petitioners, including N Karthikeyan, are candidates who have appeared in the NEET-SS-2021 which was conducted on January 10, 2022. 

The petitioners claimed that the Tamil Nadu government's decision dated November 7, 2020, was in clear violation of Article 14 of the Indian Constitution as it creates an impermissible classification, contrary to the law.

According to the plea, petitioners and other candidates have given the exam pursuant to the information bulletin which says that there is no special provision.

"Various states have been attempting to impose different quotas on super speciality seats in Government Medical Colleges within their jurisdiction. The NEET-SS is a national examination conducted in pursuance of the mandate to coordinate standards of education across the country," the petition said.

The Petitioners sought that until the validity of the special provisions in the super-speciality is defined by the Supreme Court and a uniform policy is drawn, no reservation can be made for in-service candidates at this level.

The petitioners also submitted that no reservation can be created mid-way through the examination process. Therefore, the petitioner has sought to declare the TN government order dated November 7, 2020, as unconstitutional being in violation of Article 14 of the Constitution and to order that admissions pursuant to NEET Super Speciality 2021 be conducted without providing reservations to in-service doctors.

(With ANI inputs)