50% state superspeciality seats can be for NEET-qualified in-service doctors: Supreme Court

NEW DELHI: The Supreme Court on Friday permitted the Tamil Nadu government to earmark 50% of superspeciality seats in government medical colleges to NEET-qualified in-service candidates for the academic year 2022-23 in the state.  The permission was granted by a bench of Justices BR Gavai and Vikram Nath in a clarification plea filed by the state government and in-service candidates as per the ruling of the Madras High Court on November 18. 

On a plea filed by in-service candidates seeking a direction to the centre and the state to reserve 50% superspeciality seats in DM/M.Ch courses in government medical colleges for in-service doctors for the academic year 2022-2023, Justice Suresh Kumar of the Madras HC had ruled that since the matter is pending before the SC, the state can approach the SC seeking clarification regarding the applicability of the Tamil Nadu government’s notification dated November 7, 2020, of reserving 50% of seats in government medical colleges for in-service candidates for 2022-23. 

The SC bench also directed the state to fill the seats as per the Tamil Nadu government order dated November 7, 2020, within a period of 15 days. On the 16th day, TN will inform the centre with regard to all the seats that remain unfulfilled from in-service candidates. The vacant seats will be permitted to be filled by the Union of India on the basis of all-India merit list, the apex court said while posting the matter for detailed hearing on February 14, 2023.

In N Karthikeyan’s case, Justice LN Rao of the SC had refused to stay TN’s notification and had said that states are competent to provide reservation for in-service doctors in superspeciality courses.