Tamil Nadu can allocate 50% super-speciality medical seats to in-service candidates: SC

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New Delhi : In a major victory for Tamil Nadu, the Supreme Court on Wednesday refused to stay the decision to allocate 50 per cent super-specialty seats in government medical colleges for NEET-eligible in-service candidates.

A bench comprising Justice L Nageshwar Rao and BR Gavai allowed the state government to continue providing 50 per cent quota for in-service candidates for super specialty courses in its colleges.

“We feel that no case has been filed by the Interim Order dated November 27, 2020 to continue the interim protection for the 2020-2021 academic year. We thus reject the plea in that regard. Needless to say, the state of Tamil Nadu will be free to continue counseling for the academic year.” “Considering the reservations given by the state,” the bench said.

It then directed the listing of a batch of petitions for further hearing after the Holi holiday from Thursday.

The apex court, on March 14, reserved its order challenging the Tamil Nadu government’s decision on an application seeking allotment of 50 per cent super-specialty seats in government medical colleges for NEET-eligible in-service candidates.

The state government, represented by Additional Advocate General (AAG) Amit Anand Tiwari, strongly argued that if such a decision was postponed, it would not only affect the accessibility of quality medical services to the poor and rural people but also lead to situations where there is a shortage of qualified teachers. Course must be closed.

The AAG also noted that about 70 percent of non-service candidates do not even meet the mandatory service bond conditions.

The state strictly upheld the Government Order (GO) of 2020 stating that 50 per cent of the “Super Specialty Seats (DM / M. Ch.) In government medical colleges” have been allocated for eligible in-service candidates of NEETs. The remaining 50 per cent seats have been allotted to the Government of India / Director General of Health Services. “

The apex court heard a batch of lawyers including senior counsel Dushyant Dave, Shyam Diwan and Gopal Sankaranarayanan on behalf of the petitioners and Additional Advocate General Amit Anand Tiwari argued on behalf of the state government.

“It is very difficult that the allocation of seats for job seekers is not of a reserved nature but rather a separate source of admission; Second, the state is empowered to provide such separate sources of admission as is a policy decision in the wider public interest, and similarly, does not compromise with the minimum standards set by central law, “Tiwari argued.

The Tamil Nadu government has said that setting quotas for job seekers is not a “separate source and preservation of admission” and that it serves a laudable purpose which was sought to be achieved by special provision for such doctors who would then be available. Serve in rural areas.

The deprivation of state power to provide admission sources would violate the federal structure and lead to a complete centralization of policy-making where the state is able to formulate laws and policies, stating that in the present case, “Public Health and Hospitals List).

As many as six petitions against the state government’s GEO are pending in the apex court.

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