NEET-SS : Supreme Court Issues Notice On Plea Challenging 50% Quota In Super Specialty Courses For TN Govt Doctors

Though a Bench comprising Justices L. Nageswara Rao and B.R. Gavai agreed to hear the plea; it was not inclined to grant any interim relief without hearing the respondents. It directed the registry to list the matter for hearing on 25th Feb, 2022.

Senior Advocate, Mr. Gopal Sankaranarayanan appearing on behalf of the petitions, who have participated in the NEET-SS-2021 conducted on 10.01.2022, argued that the petitioners had appeared for the examination on the promise made by the NEET-SS- 2021 Information Bulletin, which categorically stated that in view of the judgment of the Constitution Bench of the Apex Court in Preeti Srivastava And Another v. State of M.P. And Ors. (1999) 7 SCC 120, there would be no reservation of seats for super-speciality courses. He submitted -

"...Subsequently on 01.11.2021 NEET All India Bulletin for Super-specialty was issued. At page 285, they specifically say... they refer to Preeti Srivastava and say that there shall be no reservation for super-speciality. It is on this basis that they sat for the exam on 10.01.2022. There is no whisper from the State of Tamil Nadu…that we are enforcing our GO. After the exam is conducted, the High Court is approached seeking implementation of the notification…The Bulletin tells that there is no reservation."

Paragraph 10.10 of the NEET-SS-2021, which deals with reservation reads as under -

"10.10. Reservation: As per judgment of the Constitution Bench of Supreme Court of India Writ Petition (C) No. 350 of 1998, there is no reservation of seats for super specialty DM/M.Ch. courses."

Mr. Sankaranarayanan emphasised that Preeti Srivastava (supra) makes it abundantly clear that there would be no reservation of any nature at the Super Speciality level.

"In Preeti Srivastava they rely on Indra Sawhney and they say because Indra Sawhney says super-speciality in the context of medicine specifically, we will not allow super-specialty reservation of any type…"

The Bench enquired, "Why are you coming here directly?"

Mr. Sankaranarayanan provided two reasons for directly approaching the Apex Court -

1. The G.O. issued by the State of Tamil Nadu is already under challenge before the Supreme Court; and
2. The petitioners are scattered across the country as it is an all India issue.

"One, the GO we are challenging is already before your lordships. Second, among the petitioners there are petitioners from other State. It is an All India issue. Last 5 para of Preeti Srivastava, they have dealt with why super-speciality should not have any reservation of this sort…"

Background

The Government of Tamil Nadu had issued G.O. Ms. No. 462 on 07.11.2020 to reserve 50% seats at the Super Speciality level in Government Medical Colleges for doctors serving under the State. However, such reservation was not permitted by the Medical Counselling Committee, Director-General of Health Services. The Apex Court was approached. Considering that the counselling for the academic year 2020-2021 had already commenced, vide an interim order dated 27.11.2020, the Supreme Court directed that no reservation shall be provided for doctors serving under the State for super speciality courses for the academic year 2020-2021. Thereafter, the NEET-SS-2021 bulletin was issued stating that no seats are reserved at the Super Speciality level as per the judgment in Preeti Srivastava (supra).

The relevant portion of Preeti Srivastava (supra) reads as under -

"23. This Court has repeatedly said that at the level of super specialisation there cannot be any reservation because any dilution of merit at this level would adversely affect the national goal of having the best possible people at the highest levels of professional and educational training. At the level of a superspeciality, something more than a mere professional competence as a doctor is required. A superspecialist acquires expert knowledge in his speciality and is expected to possess exceptional competence and skill in his chosen field, where he may even make an original contribution in the form of new innovative techniques or new knowledge to fight diseases. It is in the public interest that we promote these skills. Such high degrees of skill and expert knowledge in highly specialised areas, however, cannot be acquired by anyone or everyone. For example, specialised sophisticated knowledge and skill and ability to make right choices of treatment in critical medical conditions and even the ability to innovate and devise new lines of treatment in critical situations, requires high levels of intelligent understanding of medical knowledge or skill and a high ability to learn from technical literature and from experience. These high abilities are also required for absorbing highly specialised knowledge which is being imparted at this level. It is for this reason that it would be detrimental to the national interest to have reservations at this stage. Opportunities for such training are few and it is in the national interest that these are made available to those who can profit from them the most viz. the best brains in the country, irrespective of the class to which they belong.

[...]

62....

4. At the level of admission to the superspeciality courses, no special provisions are permissible, they being contrary to the national interest. Merit alone can be the basis of selection."

NEET-SS-2021 examination was conducted on 10.01.2022. In the meanwhile petitions were filed before the Madras High Court seeking enforcement of the G.O. in the academic year 2021-22 and it was argued that the State Governments under Entry 25 List III have power to enact special provisions for admissions for doctors serving under the State in medical courses. In one of these petitions, the High Court passed an order on 12.02.2022, directing the Tamil Nadu Government to provide the 50% reservation. Now, the same has also been assailed and is to be taken up by the Apex Court.

[Cause Title: N. Karthikeyan And Ors. v. State of Tamil Nadu And Ors. W.P.(C) No. 53 of 2022

Counsel for the Petitioners: Senior Advocate, Mr. Gopal Sankaranarayanan; Advocate-on-Record Ms. Rashmi Nandakumar; Advocates, Mr. Shankar Narayanan, Mr. Suhrith Parthasarathy]