IMPORTANT POINT
Reservation – State is empowered to provide a separate channel/source of entry or reservation for admission to post-graduate degree/diploma medical courses insofar as in-service candidates are concerned.

JUDGMENT

B.R. Gavai, J.

1. Leave granted in all the Special Leave Petitions.

2. Rule granted in the Writ Petitions.

3. Writ Petition (Civil) No.53 of 2022 challenges the validity of G.O. (Ms.) No. 462 dated 7th November, 2020, issued by the Health and Family Welfare (MCA-1) Department of the Government of Tamil Nadu (hereinafter referred to as “the said G.O.”). The basic contention of the writ petitioners is that the reservation of 50% Super Specialty seats (DM/M.Ch.) for in-service candidates in Government Medical Colleges in the State of Tamil Nadu is not permissible in law.

4. Civil Appeal arising out of Special Leave Petition (Civil) No. 2514 of 2022 challenges the judgment and order of the learned Single Judge of the High Court of Judicature at Madras dated 12th January, 2022, vide which, the said High Court has issued a direction to the Director of Medical Education, Kilpauk, Chennai to implement the said G.O. for the academic year 2021-2022 itself, if there is no legal impediment to do the same.

5. This Court vide interim order dated 27th November, 2020, passed in Civil Appeal No. 3840 of 2020 Dr. Prerit Sharma & Ors. v. Dr. Bilu B.S. & Ors. had directed that the counselling for admission to Super Specialty Medical Courses for the academic year 2020-2021 shall proceed without providing for reservations to in-service doctors.

6. The writ petitioners as well as the appellants in the present case have urged this Court to continue the aforesaid interim order of this Court dated 27th November, 2020 (supra), even for the academic year 2021-2022.

7. Per contra, this request made by the writ petitioners/appellants is vehemently opposed by the learned counsels appearing on behalf of the State as well as the in-service candidates.

8. We have, therefore, heard the learned counsels for the parties on the limited question, as to whether the interim protection, which was granted for the academic year 2020 2021, vide order dated 27th November, 2020 (supra), should also be continued for the academic year 2021-2022 or not.

9. We have heard Shri Dushyant Dave, Shri Shyam Divan and Shri Gopal Sankaranarayanan, learned Senior Counsel appearing on behalf of the writ petitioners/appellants as well as Ms. Aishwarya Bhati, learned Additional Solicitor General (“ASG”) appearing for the Union of India.

10. Shri C.S. Vaidyanathan, learned Senior Counsel and Shri Amit Anand Tiwari, learned Additional Advocate General (“AAG”) have made submissions on behalf of the State of Tamil Nadu and Shri P. Wilson, learned Senior Counsel has argued on behalf of the in-service doctors.

11. The learned Senior Counsel appearing on behalf of the writ petitioners/appellants submitted that the nine-judge Constitution Bench of this Court in the case of Indra Sawhney & Ors. v. Union of India & Ors. 1992 Supp. (3) SCC 217 as well as Constitution Bench of this Court in the case of Dr. Preeti Srivastava and another v. State of M.P. and others (1999) 7 SCC 120 have specifically held that there cannot be any reservation for admission in Super Specialty courses. It is submitted that NEETSS 2021 Information Bulletin (hereinafter referred to as “NEET Bulletin”), in clause 10.10, specifically states that, as per judgment of the Constitution Bench of this Court in Writ Petition (C) No.350 of 1998, there is no reservation of seats for Super Specialty (DM/M.Ch.) courses. It is submitted that the case of Dr. Sweety Bhartiya v. State of M.P. & Ors., which is referred to in the NEET Bulletin, is a case which was a part of the batch of cases disposed of by this Court in the case of Dr. Preeti Srivastava (supra).

12. The learned Senior Counsel further submitted that since the matters regarding co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions are squarely covered by Item 66 in List-I of the Seventh Schedule to the Constitution of India, it is the Regulation issued by the Medical Council of India, which would pre