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SUPREME COURT OF INDIA
L. Nageswara Rao, Hemant Gupta, Ajay Rastogi, JJ.
DR. PRERIT SHARMA & ORS. – Appellants
Versus
DR. BILU B.S. & ORS. – Respondents
Civil Appeal No.3840 of 2020 (Arising out of SLP (C) No.12891 of 2020), Writ Petition (C) No.1299 of 2020 and Civil Appeal Nos. 3841-3843 of 2020 (Arising out of SLP (C) Nos.13670-13672 of 2020)
Decided on : 27-11-2020
Education – Reservation – Super Specialty Courses – Implementation of reservation to 40 per cent of seats in Super Specialty Medical Courses for in-service Doctors – Kerala Medical Officers Admission to Postgraduate Courses under Service Quota Act, 2008 provides for 40 percent reservation for in-service doctors in admission to Super Specialty Medical Courses – Act was not implemented for years 2017-2019 – By impugned order, High Court directed concerned authorities to carry out provisions of Act and provide reservation to in-service Doctors – However, State of Kerala has shown its inability to implement the Act for admission to Super Specialty Medical Courses for current academic year i.e. 2020-2021 – Process for admissions to Super Specialty Medical Courses started on 03.08.2020 and it was made clear to all competing candidates that there shall be no reservation to Super Specialty Medical Courses – Government order issued by State of Tamil Nadu on 07.11.2020 reserving 50 per cent seats for in-service doctors would be detrimental to interests of meritorious Doctors as 50 per cent of available seats in State of Tamil Nadu in Super Specialty Medical Courses will not be available to them – There will be reduction of 50% of seats in Super Specialty courses in Tamil Nadu if Government Order is carried out, which is detrimental to their chances of admission – No reservation for in-service Doctors was implemented since 2016 – As admission process is at final stages, Court cannot permit reservation for in-service Doctors for this year – Counselling for admission to Super Specialty Medical Courses for academic year 2020-2021 shall proceed on a date to be fixed by competent authority without providing for reservations to in-service doctors for academic year 2020-2021 – Such direction would be operative only for current academic year i.e. 2020-2021. [Kerala Medical Officers Admission to Postgraduate Courses under Service Quota Act, 2008] (Paras 13, 15 and 16)
Facts of the case:
Writ Petition No.20256 of 2020 was filed by 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 (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 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 High Court of Kerala by an order dated 07.10.2020. 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. Director General, Health Services was directed to consider candidates for admission in Super Specialty Medical Courses in the State of Kerala under in-service quota. The said order dated 07.10.2020 passed by Division Bench of the High Court of Kerala is 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.
Findings of Court:
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. 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 meritorious Doctors as 50 per cent of the available seats in State of Tamil Nadu in Super Specialty Medical Courses will not be available to them.
Result : Directions issued. Appeals and Writ Petition listed for hearing.
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 consider the candidates for admission in Super Specialty Medical Courses in the State of Kerala under in-service quota. The said order dated 07.10.2020 passed by the Division Bench of the High Court of Kerala is 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.
2. Notice was issued by this Court on 27.10.2020 in the Special Leave Petition filed against the order dated 07.10.2020 passed by the Division Bench of the High Court of Kerala and on the statement made by Mr. Dushyant Dave, learned Senior Counsel that the National Medical Commission on 08.10.2020 decided to postpone the counselling, and an order of status quo was passed and the matter was directed to be listed for hearing today.
3. Respondent Nos.1 and 2 in the appeal arising out of SLP (C) No.13670-13672 of 2020 filed a Writ Petition in the High Court of Madras seeking a direction to notify 50 per cent of the vacancies for in-service Doctors for admission to Super Specialty Medical Courses for the academic year 2020-2021 in the State of Tamil Nadu. When the matter was listed for hearing, the learned Advocate General for the State of Tamil Nadu placed GOMS No.462, Health and Family Welfare (MCA-1) dated 07.11.2020 before the High Court and submitted that the selection for the Super Specialty Medical Courses during the academic year 2020-2021 shall be conducted by providing 50 per cent reservation for in-service doctors. The Writ Petition was disposed of by a learned Single Judge of the Madras High Court by holding that the relief sought for in the Writ Petition has already been granted by the State Government by passing the GOMS No.462 dated 07.11.2020. The said order dated 09.11.2020 is in challenge before this Court in the appeal arising out of SLP (C) No.12891 of 2020. Writ Petition (C) No. 1299 of 2020 is filed by six Doctors who are eligible for admission to Super Specialty Medical Courses, seeking a direction to Respondent Nos.2 and 3 therein to conduct the counselling and admission to the Super Specialty Medical Courses for the academic year 2020-2021 as per the information bulletin and not to grant any reservation to in service Doctors.
4. We have heard Mr. Dushyant Dave and Mr. Shyam Divan learned Senior Counsel appearing for the Appellant-Petitioners in the Appeals and the Writ Petition. We have also heard Mr. Vikas Singh learned Senior Counsel for the National Medical Commission, Mr. Sanjay Jain, learned Additional Solicitor General appearing for the Union of India, Mr. Jaideep Gupta, learned Senior Counsel for the State of Kerala, Mr. C.S. Vaidhyanathan and Mr. V. Giri, learned Senior Counsel for the
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