NEET-PG : Supreme Court Dismisses Plea Challenging 40% In-Service Quota Brought By West Bengal

The Supreme Court on Friday dismissed a writ petition filed by doctors who appeared in NEET PG 2021 challenging the notice dated October 8, 2021 issued by the Department of Health and Family Welfare, West Bengal that provides for reservation of 40% for in-service medical/dental officers.

The matter was listed before the bench of Justices LN Rao and BR Gavai.

Notice dated October 8, 2021 issued by the Government of West Bengal, Department of Health and Family Welfare titled as "notification regarding provision of in- service quota in post graduate medical and dental and post-doctoral medical counselling for state quota seats government/private colleges, for such courses, in West Bengal which inter alia provides for 40% reservation for in-service medical/dental officers." ("Impugned Notice")

Courtroom Exchange

When the matter was called for hearing, Senior Advocate Sonia Mathur appearing for the petitioner number 1 submitted that she was seeking a limited relief for not implementing the in-service quota for the present academic year.

The bench at this juncture referred to the Top Court's judgement of Tamil Nadu Medical Officer's Association and Others v Union of India and Others (WP (Civil)196 of 2018) which dealt with the scope and limitations of the Legislative Competence of the States to make reservations for in service doctors in the State Quota in post graduate degree/diploma medical courses.

"If they have the power, why should we interfere with Ms Mathur? Now I think the counselling has been postponed," the bench further remarked.

Clarifying that she was not challenging the State's competence, Senior Counsel submitted that under normal circumstances, the result would have been declared in May, 2021 but the exam got postponed due to COVID situation. The State Government's notification was issued in October,2021, she pointed out.

She referred to Prerit Sharma and Others v. Dr Billu BS and Others (Civil Appeal 3840 of 2020) which assailed Kerala High Court's order in regards to implementation of reservation to 40% of the seats in Super Speciality Medical Courses for in-service doctors.

Relying on the same, the Senior Counsel submitted that the Supreme Court had last year directed the counselling to proceed without providing in-service reservation in super specialty courses. The bench pointed out that the said order was passed as the admission process was then in the final stages. As far as present year is concerned, the counselling is yet to commence.

"So far as competence of state legislature is there I am not assailing that. What I am pointing out is that at least for this year the implementation of this circular should not be implemented," Senior Advocate Sonia Mathur submitted.

"No Ms Mathur, we can't entertain this. Dismissed," the bench remarked.

Senior Advocate Gopal Sankaranarayanan appeared for petitioner number 2 and 3.

Details Of The Petition

Averring that the added 40% reservation for in service category was in sheer disregard to the fundamental rights, doctors had sought a relief for staying the effect and operation of the impugned notice for the current academic year and/or till the pendency of the writ.

The petition also sought issuance of directions to the Department to provide the basis on which the 40% reservation was arrived at and to commence the State Counselling without the reservation provided in the impugned notice.

Doctors had further sought for issuance of directions to the Department to omit implementation of 40% reservation and instead provide an incentive at the rate of 10% of the marks obtained for each year in-service in remote areas up to the maximum of 30% of the marks obtained.

The petitioners were represented by Dubey Law Associates and the petition was filed through Advocate Charu Mathur.

Case Title: Sugata Bhattacharjee and Ors v Department of Health and Family Welfare Government of West Bengal and Ors| WP(C) 1191/2021

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