There will be reduction of 50% of seats in Super Specialty courses in Tamil Nadu
if the Government Order is carried out, which is detrimental to their chances of
admission. Admittedly no reservation for in-service Doctors was implemented
since 2016. And, no reservation could be permitted for in-service Doctors for
this year, as the admission process is at the final stages, this was held in the
case of Dr. Prerit Sharma &Ors. v. Dr. Bilu B.S. & Ors.
(W.P.(C) No. 1299
Writ Petition was filed by Dr. Bilu B.S., the Respondent No.1. in the appeal
arising out of SLP (C) No.12891 of 2020 in the Kerala High Court seeking
implementation of reservation to 40 per cent of the seats in Super Specialty
Medical Courses for in-service Doctors in terms of the law laid down by this
Court in Tamil Nadu Medical Officers Association v. Union of India
SCC Online P. 699.
By an order dated 05.10.2020, a learned Single Judge of the Kerala High Court
refused to grant stay of counselling to the 40 per cent seats for in-service
quota. Aggrieved thereby, the first Respondent filed the Writ Appeal which was
allowed by a Division Bench of the High Court of Kerala by an order dated
07.10.2020. And further, Directorate of Medical Education, New Delhi and,
Director General, Health Services were directed to follow the order and take
The said order of Kerala High Court on 07.10.2020, was challenged by the
Petitioners who are post-graduate degree holders in Medicine and who have
qualified the National Eligibility-cum-Entrance Test (NEET), 2020 for admission
to Super Specialty Medical Courses for the academic year 2020-2021. And
subsequently the counselling was postponed by the National Medical Commission.
The petitioners contended that, it is not possible to implement the direction
issued by the High Court in its order dated 07.10.2020 for the current academic
year i.e. 2020-2021. Also, the information bulletin for the entrance examination
for admission to Super Specialty Medical Courses has already been issued in
which no reservation has been provided for in-service candidates, it is
practically impossible to introduce any new reservation norms for the current
academic year as the admission process has already commenced.
However, the respondents argued that administrative inconvenience cannot be a
ground to interfere with the order passed by the High Court directing
implementation of reservation to in-service doctors in accordance with the
Kerala Medical Officers Admission to Postgraduate Courses under Service Quota
Act, 2008. And thus, this Court should not interfere with the order passed by
the High Court as it would result in immense loss to the in-service doctors in
the State of Kerala.
The court was of opinion that:
The process for admissions to Super Specialty Medical Courses started on
03.08.2020 and it was made clear to all the competing candidates that there
shall be no reservation to Super Specialty Medical Courses. The Government order
issued by the State of Tamil Nadu on 07.11.2020 reserving 50 per cent seats for
in-service doctors would be detrimental to the interests of the meritorious
Doctors as 50 per cent of the available seats in the State of Tamil Nadu in
Super Specialty Medical Courses will not be available to them.
Conclusively, the court directed that the counselling for admission to Super
Specialty Medical Courses for the academic year 2020- 2021 shall proceed by the
competent authority without providing for reservations to in-service doctors for
the academic year 2020-2021. However, court reiterated that the above direction
would be operative only for the current academic year i.e. 2020-2021.
Written By: Prime Legal Law Firm
Off Address: 39/2, 2nd floor, K G Road, Bengaluru, Karnataka-560001
Phone no: +9986386002, Email: [email protected]