NEET-PG : Supreme Court Issues Notice On Plea Challenging TN Govt's 50% Quota For In-Service Candidates

The Supreme Court on September 26 issued notice on a plea filed assailing the judgment and order of the High Court of Madras which rejected a challenge to the scheme of reservation being adopted in the Post Graduate Medical Courses in Tamil Nadu.

The apex court bench comprising of Justice D. Y. Chandrachud and Justice Hima Kohli took up the matter filed by the petitioners who even though, were not party before the proceedings in the High Court, had moved the top court challenging the order in view of the effect it had on their rights.

It had been stated in the petition before the Supreme Court that the Scheme of the Tamil Nadu Government reserved 50% of the state quota seats in P.G. Courses for in-service candidates, granted in-service candidates incentive marks for services done in difficult and rural areas and also allowed in-service candidates to compete in the open category with the aid of the incentive marks so obtained.

The petitioners in the matter were non-service candidates who had participated in the NEET 2022 examinations and had challenged the impugned Government Order issued by the Government of Tamil Nadu before the Single Judge in a separate petition. The Single Judge however, dismissed the writ citing the impugned order and judgment passed by the Division Bench of the Madras High Court in a separate writ filed by non-service candidates who had appeared in NEET 2021 examinations.

The petitioners submitted that the Division Bench of the High Court had noted that the policy might result in casualty of merit and also leave few seats to be filled on merit. The High Court bench had also noted that no material had been placed on record by the State to justify the policy decision, but the Division Bench took a decision that since it was the first year of implementation of policy it would not be proper to question the wisdom of the State at such a nascent stage.

The petitioners contended before the Supreme Court that the Division Bench had made an error in deferring to the decision of the State even after observing that the Government Order would result in casualty of merit and few seats being left to be filled on the basis of merit. It was submitted that any such result which is not backed by a constitutional justification is in violation of Article 14 and 16 of the Constitution of India.

The petitioners submitted that decision of the High Court led to the implementation of the scheme of reservation which resulted in 76% of seats in the State Quota got reserved for the in-service candidates leaving only 24% seats for non-service candidates, which is a discrimination against the non-service candidates and also compromised the merit. The decision of the Division Bench also impacted the writ moved by the present petitioners before the Single Judge Bench where the Judge based on the decision of the Division Bench dismissed the writ.

The petitioners were represented by Advocates Suhrith Parthasarathy, Shankar Narayanan and Rashmi Nandakumar.

Dr. A. Packia Raj & Ors. vs State of Tamil Nadu & Ors. – SLP (C) 16456/2022