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The Supreme Court on Wednesday clarified that its interim order restraining the state of Tamil Nadu from applying reservation of 50% Super Specialty seats in various DM (Doctorate of Medicine)/MCh (Master of Chirurgiae) courses for in-service candidates in Government Medical Colleges was applicable only for the academic year 2020-2021.

A Government Order (GO) dated November 7, 2020, was issued by the Health and Family Welfare Department of the Government of Tamil Nadu whereby a reservation of 50% was granted to in-service doctors in Government Medical Colleges across the State.

This GO was challenged by way of writ petition and the said interim order was passed for the year 2020-21.

By way of an interim order passed on November 27, 2020, the top court had directed that the counseling for admissions to Super Specialty Medical Courses for the academic year 2020­-2021 shall proceed without providing for reservations to in-­service doctors.

It was prayed before a bench of Justices L Nageshwar Rao and BR Gavai that this interim order be continued for the session 2021-22.

The bench noted that in the interim order, it was specifically observed that the process for admissions to Super Specialty medical courses started on August 3, 2020, and was held that there shall be no reservation to Super Specialty medical courses for the commencing academic year. The bench further noted that the said GO was issued on November 7, 2020, i.e., after the admission process had begun. 

Referring to the reasoning behind its interim order, the bench remarked that what weighed with the court was that the rules of the game were changed after the admission process had begun. It added,

"Insofar as academic year 2021-­2022 is concerned, undisputedly, the said G.O. was notified prior to the commencement of the admission process for the said academic year."

Moreover, Court stressed that in the penultimate para of the interim order, it was specifically clarified that it had not expressed any opinion on the validity of the said GO and it was also reiterated that the said direction would be operative only for the academic year 2020-2021.

Thus, in view of such background, the Court ordered,"..the State of Tamil Nadu would be at liberty to continue the counselling for academic year 2021-2022 by taking into consideration the reservation provided by it as per the said G.O."

Case Title: Dr. N. Karthikeyan and Ors. v. The State of Tamil Nadu and Ors.