SC allows Tamil Nadu to fill seats in Super Specialty in current academic year
Dec 02, 2022
New Delhi [India], December 2 : The Supreme Court on Friday allowed Tamil Nadu to fill the seats reserved on the basis of 2020's government order in the Super Specialty as it remarked that certain directions could be issued to ensure that the seats do not remain vacant.
A bench of justices BR Gavai and Vikram Nath has given a green signal to Tamil Nadu for current academic year observing the anxiety expressed by the counsel.
The State of Tamil Nadu has approached the court with an application seeking clarification of the order dated 16.03.2022 that the said order is also applicable to all subsequent academic years, till the disposal of the present writ petition.
The court said that as the present academic year is concerned, it finds that the State of Tamil Nadu needs to be permitted to fill in the post on the basis of the Govt order dated November 7 2020.
Insofar as the apprehension of the Additional Solicitor General with regard to the seats remaining vacant is concerned, the court said, "we find that certain directions could be issued to ensure that the seats do not remain vacant."
"We, therefore, permit the State of Tamil Nadu to fill in the seats reserved on the basis of G.O. No.462 dated 07.11.2020, within a period of 15 days from today. On the 16th day from today, the State of Tamil Nadu will inform the Union of India with regard to all the seats which remain unfilled from the in-service category, which shall be permitted to be filled in by the Union of India, on the basis of All India merit list," the court said.
Aishwarya Bhati, Additional Solicitor General of India for the Union of India submitted that in the last year, the number of seats reserved for in-service candidates could not be filled up. She further submitted that the Super Specialty seats are valuable and a national asset, and they cannot be permitted to remain vacant. Bhati further submitted that the Union of India on an All-India basis does not permit any in-service reservation.
"However, we find that the judgment in the case of Tamil Nadu Medical Officers Association (supra) had a direct bearing on the issue for consideration before this Court. We appreciate the anxiety expressed by the learned ASG that the issue requires to be decided finally," the court said.
On March 16, the top court granted permission to the Tamil Nadu government to implement reservation of 50 per cent seats at the Super Specialty level in Government Medical Colleges to service doctors, who are serving under their State (Tamil Nadu)
The Supreme Court was the petition challenging the Tamil Nadu government's decision purporting to reserve 50 per cent seats at the Super Specialty level in Government Medical Colleges to doctors who are serving under the State of Tamil Nadu.
The petitioners, including N Karthikeyan, are candidates who have participated in the NEET-SS-2021 which was conducted on January 10, 2022.
The petitioners said that the Tamil Nadu government's decision dated November 7, 2020, is in clear violation of Article 14 of the Constitution as it creates an impermissible classification, contrary to the law.
According to the petition, petitioners and other candidates have given the examination pursuant to the information bulletin which states that there is no special provision.
The petitioner has sought to declare the government order dated November 7, 2020, as unconstitutional being in violation of Article 14 of the Constitution of India.
