Tamil Nadu may offer 50% super-specialty medical seats to in-service candidates

A bench of Justices L Nageswara Rao and BR Gavai allowed the state government to continue with 50 per cent reservation for candidates serving in super specialty courses in their colleges.

“We are of the view that no case is made out for continuance of the interim protection provided for the academic year 2020-2021 by the interim order dated November 27, 2020. We, thus, reject the prayer in that regard. Needless, that Tamil Nadu shall be free to continue counseling for the academic year keeping in view the reservations provided by the State,” the bench said.

It then ordered listing of a batch of petitions for further hearing after the Holi holiday from Thursday.

The top court had on March 14 reserved order on petitions challenging the Tamil Nadu government’s decision to allot 50 per cent super-specialty seats to NEET-qualified in-service candidates in government medical colleges.

The state government, represented by Additional Advocate General (AAG) Amit Anand Tiwari, had vehemently argued that if such a decision is stayed, it will not only affect access to quality medical care of poor and rural people, Rather, it will also create a situation where courses will have to be closed due to lack of qualified teachers.

The AAG had also pointed out that around 70 per cent of non-service candidates do not even fulfill the bond conditions of compulsory service.

The state had strongly defended the Government Order (GO) of 2020, by which it had directed that “50 per cent of the super specialty seats (DM/M.C.) in government medical colleges be allotted to NEET qualified in-service candidates”. Tamil Nadu and the remaining 50 per cent seats are allotted to the Government of India/Director General of Health Services.”

The top court had heard a battery of lawyers including senior advocates Dushyant Dave, Shyam Dewan and Gopal Sankaranarayanan for the petitioners and Additional Advocate General Amit Anand Tiwari argued for the state government.

“It is true that the allotment of seats to in-service candidates is not in the nature of reservation but a separate source of admission; Secondly, the State has the right to provide such separate sources of entry which is a policy decision to serve a larger public interest, and the same, in no way compromise with the minimum standards prescribed by the Central Law,” Tiwari said. had argued.

The Tamil Nadu government had said that setting quota for in-service candidates is “a separate source of admission and not reservation” and it serves a laudable objective to be achieved by making special provisions for such doctors who will then be available. Serving rural areas.

Taking away the power of the State to provide sources of entry would violate the federal structure and lead to complete centralization of policy-making in areas where the State is competent to make laws and policy, she said, adding that in the present case, “public Health and hospitals are covered by Entry 6, List II (State List) in the Constitution”.

Six petitions are pending in the apex court against the GO of the state government.