Explore the deep legal analysis conducted by the court regarding the reservation for in-service doctors in Super Specialty Medical Courses. The detailed examination provides a comprehensive understanding of the complexities involved in this contentious issue, shedding light on the nuances of the applicable regulations and previous judgments. Stay tuned to unravel the court’s thorough legal scrutiny on this matter.
Facts
- A writ petition was filed in the High Court of Madras seeking to notify 50 per cent of vacancies for in-service Doctors for admission to Super Specialty Medical Courses in Tamil Nadu for the academic year 2020-2021.
- The State of Tamil Nadu placed GOMS No.462 dated 07.11.2020 before the High Court, stating that 50 per cent reservation for in-service doctors will be provided for selection in Super Specialty Medical Courses.
- The petition was disposed of by a learned Single Judge of the Madras High Court, as the relief sought had already been granted by the State Government through GOMS No.462 dated 07.11.2020.
- The first Respondent appealed the decision, and the Division Bench of the High Court of Kerala allowed the appeal, directing the preparation of a list of eligible in-service candidates for admission to Super Specialty Medical Courses in Kerala.
- The list of eligible candidates was to be sent to the Directorate of Medical Education, New Delhi by a specified time and the Director General, Health Services was tasked with considering these candidates for admission.
- The order dated 09.11.2020 is being challenged before the Court in the appeal arising from SLP (C) No.12891 of 2020.
- Writ Petition (C) No 1299 of 2020 is filed by six Doctors eligible for admission to Super Specialty Medical Courses.
- The petition seeks a direction for conducting counselling and admission to these courses for the academic year 2020-2021 as per the information bulletin.
- The petitioners request not to grant any reservation to in-service Doctors.
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Arguments
- The Petitioners argued for the requirement of Doctors with Super Specialty qualifications to serve in rural areas.
- It was highlighted that a significant number of Doctors trained in Tamil Nadu do not serve in the state.
- The Petitioners emphasized on the need to implement the judgment for admissions in the academic year 2020-2021.
- The argument was made that there should be no reservation for admission to Super Specialty Courses, as indicated in the information bulletin.
- The Petitioners contended that the Constitution Bench did not address admissions to Super Specialty Medical Courses.
- It was stated that there cannot be a reservation for in-service Doctors in Super Specialty Courses for the current year.
- Various cases were cited to support the argument that reservation is not permissible in Super Specialty Courses.
- The Petitioners opposed the provision of reservation to in-service doctors for the current academic year due to the advanced stage of the admission process.
- Learned counsel for the Petitioners made an attempt to argue for reconsideration of the judgment in Tamil Nadu Medical Officers Association v. Union of India
- The counsel’s argument was in relation to the judgment of the Constitution Bench
- It was emphasized that the reconsideration was necessary in this case
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Analysis
- The High Court directed the authorities to implement the provisions of the Act and provide reservation for in-service doctors.
- Government order in Tamil Nadu reserving 50% seats for in-service doctors could be detrimental to meritorious doctors as it reduces the available seats for them.
- The Medical Counselling Committee issued a counselling scheme for 100% All India Quota for Super Specialty courses with no reservation, citing specific court judgments.
- Counselling for Super Specialty courses admission was postponed.
- State of Tamil Nadu issued a decision to reserve 50% of Super Specialty seats for in-service candidates based on a court judgment and the opinion of the Advocate General.
- Kerala Medical Officers Admission to Postgraduate Courses under Service Quota Act, 2008 provides for 40% reservation for in-service doctors in Super Specialty Medical Courses.
- The examination for Super Specialty Medical Courses was held as per schedule on 15.09.2020 with results declared on 25.09.2020.
- No reservations were permitted for Super Specialty DM/MCH Courses as per the bulletin issued on 03.08.2020.
- The question of reservations for in-service doctors in counselling for Super Specialty Medical Courses was raised.
- The State of Kerala expressed its inability to implement the Act for admissions to Super Specialty Medical Courses for the academic year 2020-2021.
- Various submissions regarding previous judgements and interpretations of regulations were made by the Petitioners.
- Disagreement with the submission of Mr. Vaidyanathan and Mr. Giri that nobody will be prejudiced if the Government Order is implemented.
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Decision
- Reduction of 50% of seats in Super Specialty courses in Tamil Nadu if the Government Order is carried out.
- Counselling for admission to Super Specialty Medical Courses for the academic year 2020-2021 to proceed without providing reservations for in-service doctors.
- Direction to be operative only for the current academic year 2020-2021.
- Appeals and the Writ Petition to be listed for hearing in February 2021.
- No reservation for in-service doctors implemented since 2016.
- Reservation for in-service Doctors cannot be permitted for the current academic year as admission process is at final stages.
Case Title: DR. PRERIT SHARMA Vs. DR. BILU B.S. (2020 INSC 664)
Case Number: C.A. No.-003840-003840 / 2020
