BREATHER FOR TAMIL NADU
India Legal|April 4, 2022
The Court has refused to stay a decision of the state to allocate 50% super-specialty seats in government medical colleges to NEET-qualified in-service candidates. This has aggrieved candidates who appeared in NEET-Super Specialty-2021
Shashank Rai
BREATHER FOR TAMIL NADU

IN a major victory for Tamil Nadu, the Supreme Court refused to stay its decision allocating 50% super speciality seats in government medical colleges to NEET-qualified in-service candidates in the state. Inservice candidates are those doctors who are employed with government and semi-government bodies.

The Court was hearing a batch of petitions and appeals against a notification issued by the Health and Family Welfare Department of Tamil Nadu that provided this reservation. The petitioners, included N Karthikeyan, and are candidates who have appeared in NEET-Super Specialty-2021 which was conducted on January 10, 2022. They were aggrieved by the impugned order and stated that it was in clear violation of Article 14 of the Constitution as it creates an impermissible classification, contrary to the law.

"Various states have been attempting to impose different quotas on super-specialty seats in Government Medical Colleges within their jurisdiction. The NEET-SS is a national examination conducted in pursuance of the mandate to coordinate standards of education across the country," the petition said. The petitioners had prayed that the apex court test the validity of the impugned provisions by the government of Tamil Nadu.

The petitioners had also submitted that no reservation can be created midway through the examination process. Hence, they sought the Tamil Nadu government order of November 7, 2020, to be declared as unconstitutional as it was violative of Article 14. They also sought an order that admissions pursuant to NEET Super Specialty 2021 be conducted without providing reservations for in-service doctors.

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