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2022 Supreme(SC) 230

L. NAGESWARA RAO, B. R. GAVAI
N. KARTHIKEYAN – Appellant
Versus
STATE OF TAMIL NADU – Respondent


Advocates appeared:
For the Petitioner(s):Shyam Divan, Purvi Mathur, Kushagra Sharma, Anuj Bhandari, Dushyant Dave, Purvi Mathur, Kushagra Sharma, Anuj Bhandari, Shivendra Singh, Gurmeet Singh Makker, Gopal Sankaranarayanan, Rashmi Nandakumar, Shankar Narayanan, Suhrith Parthasarathy, Amritha Satyajith, Ishita Chowdhury, Advocates
For the Respondent(s):A. Selvin Raja, Maninder Singh, Gaurav Sharma, Kirtiman Singh, Waize Ali Noor, Dhawal Mohan, Prateek Bhatia, Srirupa Nag, C. S. Vaidyanathan, Amit Anand Tiwari, Joseph Aristotle S., Mary Mitzy, Devyani Gupta, Joseph Aristotle S., Gurmeet Singh Makker, C. K. Sasi, M. Yogesh Kanna, Gaurav Sharma, P.Wilson, Sankaran.Adv, K.V.Jagdishvaran, G.Indira,Aor, Habilila Nana, Sree Priya, Gandeepan, Gaurav Sharma, Prateek Bhatia, Dhawal Mohan, Advocates

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 a

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