Allocate 50 pc of seats for in-service doctors, says Madras HC

The Madras High Court on Wednesday directed the Tamil Nadu government to provide 50 per cent reservation for the government doctors who are the in-service candidates applying for the super-speciality courses in government medical colleges this academic year onwards.

Justice M Dhandapani passed the direction on hearing a plea moved by Dr D Suresh, an assistant professor of general medicine in Madras Medical College who had applied for a PG medical super-speciality course.

The petitioner sought directions to the State Government and Union Ministry for Health and Family Welfare to allocate 50 per cent seats in super speciality courses i.e. DM/MCh in government medical colleges in favour of in-service doctors in the State for 2021-2022 academic year under a government order passed by the State health and family welfare department dated November 7, 2020.

Senior counsel P Wilson, appearing for the petitioner submitted that the Union government has denied providing 50 per cent reservation for in-service candidates in PG super-speciality medical courses since 2017 citing a judgment of the Supreme Court that the State has no powers to provide reservation to in-service candidates as per the Regulation 9 of the Medical Council of India Regulations 2000.

“However, in 2018, a Constitution Bench of Supreme Court, on hearing a case of Tamil Nadu Medical Officers’ Association Vs Union of India, held that as per the Regulation 9 of Medical Council of India Regulations 2000, the State has the legislative competence to provide for a separate source of entry for in-service candidates seeking admission to PG medical courses in the exercise of powers under Entry 25 List-III,” Wilson argued.

The senior advocate also noted a direction of the Madras HC while disposing of a plea in 2020 that the State can provide 50 per cent reservation for in-service candidates as per the GO passed on November 7, 2020.

Meanwhile, the recent information bulletin issued by the National Board of Examinations in Medical Sciences, which is conducting the NEET-Super Specialty examination, states there are no provisions for reservation of 50 per cent seats for in-service candidates, said the petitioner.

“The NEET-Super Specialty was conducted on January 10, 2022, and the counselling will be conducted based on the NEET-SS marks. If the in-service doctors of Tamil Nadu are not considered for admission within 50 per cent Super Specialty seats in DM/MCh, courses in government medical colleges, the right of petitioner and other similarly placed persons would be affected,” Wilson argued.

He further prayed for the direction to restrain the respondents from conducting the counselling for 2021-2022 without the reservation till the pending disposal of a writ petition.