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2020 Supreme(SC) 679

L.NAGESWARA RAO, HEMANT GUPTA, AJAY RASTOGI
PRERIT SHARMA – Appellant
Versus
BILU B. S. – Respondent


Advocates Appeared:
For the Parties :Shyam Divan, Anshula Laroiya, Vinayak Bhandari, Shivendra Singh, C.S. Vaidhyanathan, V.Giri, Vijay Narayan, M. Yogesh Kanna, Raja Rajeswaran, Aditya Chada, George Varghese, Perumpallikuttiyil, Manu Srinath, A Selvin Raja, Advocate, Priyanka Prakash, Beena Prakash, G.Prakash, Gurmeet Singh Makker, Balendu Shekhar, Gaurav Sharma, P. Wilson, G.Sankaran, K.V. Jagdishvaran, G. Indira, Rangoli Seth, Krishnakumar RS, Mr. Rajesh Kumar, Advocates

ORDER

Leave granted in the special leave petitions and the Writ Petition is admitted.

1. Writ Petition No.20256 of 2020 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 vs. Union of India (2020) SCC Online P. 699. The said Writ Petition was taken up along with Writ Petition No.20135 of 2020 filed for the same relief. 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. The Division Bench directed the preparation of a list of candidates eligible for admission as in-service candidates, which was to be sent to the Directorate of Medical Education, New Delhi by 05.00 PM on 08.10.2020. The Director General, Health Services was directed to con


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