SC Rules No Reservation for In-Service Doctors in Super Specialty Medical Courses for 2020-2021
The Supreme Court of India has ruled that for the academic year 2020-2021, no reservations will be allowed for in-service doctors seeking admission to super specialty medical courses. This decision, which has far-reaching consequences for medical admissions in India, came in response to a series of petitions challenging the orders of the Kerala and Tamil Nadu High Courts, which had directed reservations for in-service doctors in super specialty courses.
Background of the Case
The case arose from a dispute over whether states could provide reservations for in-service doctors in super specialty medical courses. The controversy centered around the Kerala Medical Officers Admission to Postgraduate Courses under Service Quota Act, 2008, which provided 40% reservation for in-service doctors, and a government order (GOMS No.462) issued by the Tamil Nadu government reserving 50% of super specialty medical seats for in-service doctors.
Petitions were filed by various doctors and medical associations challenging these provisions, arguing that such reservations violated the principles of merit-based admissions to super specialty medical courses.
Arguments by the Petitioners
The petitioners, led by senior advocates, argued:
- There should be no reservation of any kind in super specialty medical courses, as per the judgments in Jagdish Saran v. Union of India, Dr. Pradeep Jain & Ors. v. Union of India, and Indira Sawhney & Ors. v. Union of India.
- The Tamil Nadu government’s order and Kerala’s reservation policy were introduced after the admission process had already begun, violating the principle that “rules of the game cannot be changed mid-stream.”
- The information bulletin for the NEET-SS 2020 examination, issued on August 3, 2020, made it clear that there would be no reservations for super specialty courses.
- The Constitution Bench in Tamil Nadu Medical Officers Association v. Union of India dealt with reservations in postgraduate courses, not super specialty courses.
Arguments by the Respondents
The respondents, including the states of Kerala and Tamil Nadu, argued:
- The Constitution Bench in Tamil Nadu Medical Officers Association upheld the power of states to provide reservations for in-service doctors in postgraduate medical courses, which should also extend to super specialty courses.
- Doctors trained in super specialties often leave the state, depriving rural populations of their services. Reserving seats for in-service doctors would ensure they serve the public health system.
- The Kerala and Tamil Nadu High Courts had correctly directed the implementation of the reservation policies.
- The government order in Tamil Nadu was a valid exercise of executive power and should not be overturned.
Supreme Court’s Observations
The Supreme Court examined the issues in detail and made the following key observations:
1. No Reservation for Super Specialty Courses
The Court reiterated that super specialty medical courses are meant for the most meritorious candidates and should not be subject to reservations.
“It is settled law that there cannot be any reservation of any kind in admission to super specialty courses.”
2. Rules of Admission Cannot Be Changed Midway
The Court held that the information bulletin for NEET-SS 2020 had clearly stated that there would be no reservations. Any changes at this stage would be unfair to candidates who had already appeared for the examination based on these rules.
“The process for admissions to super specialty medical courses started on 03.08.2020, and it was made clear to all competing candidates that there shall be no reservation.”
3. Government Order on Reservation Could Not Be Applied Retrospectively
The Court observed that the Tamil Nadu government’s GOMS No.462, which provided for 50% reservation, was issued on November 7, 2020—well after the admission process had commenced. Implementing it retrospectively would be unfair to candidates who had already appeared for the exam.
4. Admission Process Should Proceed Without Reservation
Considering that the admissions were already at an advanced stage, the Court directed that the counseling process should be completed without implementing any reservations for in-service doctors.
“The counseling for admission to super specialty medical courses for the academic year 2020-2021 shall proceed without providing for reservations to in-service doctors.”
Final Judgment
The Supreme Court ruled:
- The Tamil Nadu government’s GOMS No.462 and the Kerala Medical Officers Admission Act, 2008, could not be implemented for the academic year 2020-2021.
- The ongoing admission process would continue as per the NEET-SS 2020 information bulletin, with no reservations for in-service doctors.
- The validity of these reservation policies could be examined in future cases, but they would not apply for the current year.
Conclusion
This ruling is a reaffirmation of the principle that super specialty medical courses must be filled purely on merit. The judgment ensures that state governments cannot introduce reservation policies mid-way through an admission process, upholding the rights of candidates who prepared for the examination under a different set of rules. While the Court has not ruled on the broader question of whether states can provide reservations for in-service doctors in the future, it has made it clear that such policies cannot be applied retrospectively or disrupt ongoing admissions.
Petitioner Name: Dr. Prerit Sharma & Others.Respondent Name: Dr. Bilu B.S. & Others.Judgment By: Justice L. Nageswara Rao, Justice Hemant Gupta, Justice Ajay Rastogi.Place Of Incident: Kerala & Tamil Nadu, India.Judgment Date: 27-11-2020.
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