N.ANAND VENKATESH.,J Order dated 16.10.2020 The Secretary, Selection Committee, Directorate of Medical Education, Kilpauk, Chennai 600 010, is suo-motu impleaded as the 8th respondent in this writ petition. The Registry is directed to carry out the necessary amendment in the cause-title. Mr.Abdul Saleem, learned Counsel takes notice for 8th respondent.
WP No.14643 of 2020 and WMP Nos.18197 and 18196 of 2020 N.ANAND VENKATESH.,J
Order dated 16.10.2020
The Secretary, Selection Committee, Directorate of Medical Education, Kilpauk, Chennai 600 010, is suo-motu impleaded as the 8th respondent in this writ petition. The Registry is directed to carry out the necessary amendment in the cause-title. Mr.Abdul Saleem, learned Counsel takes notice for 8th respondent.
2. Pursuant to the order passed by this court on 9.10.2020, the fourth respondent has filed the counter affidavit on behalf of the third respondent also. The relevant portion in the counter affidavit is extracted hereunder:
“16. I state that in Tamilnadu there are 25 Government Medical Colleges, 14 Self Finance Private Medical Colleges and many of them are with Post Graduate and Super Speciality Course. The quality of the Medical Education in the State of Tamil Nadu is so high when compared with any other State across the country, since the State has been creating a skilled human resource over the years. Further, as a Policy, the State has proposed to create Government Medical Colleges in all the Districts in the State. Recently, the Government of India, has sanctioned 11 Government Medical Colleges under Centrally Sponsored Scheme. Hence, for the existing colleges and for the future expansions, skilled faculties is an absolute essential requirement and that as per the above direction of Constitution Bench of the Hon’ble Supreme Court of India, the State of Tamil Nadu should be allowed to fill up 50% of the seats in the Super Speciality Courses as its quota from this academic year.
2. The Learned Advocate General appearing on behalf of respondents 3 and 4 submitted that the state government is now in the process of assessing the total seats that are to be filled up in the PG Courses and also in the Super Speciality courses and it is also taking into consideration the future expansions. The Learned Advocate General appearing on behalf of the respondent 3 and 4 further submitted that the State government is now in the process of taking a decision and the decision taken by the government will be reported in the next date of hearing.
3. Mr.Subbu Ranga Bharathi, learned Senior Central Government Standing Counsel, appearing on behalf of respondents 1, 2 and 5 submitted that he has received written instructions to the effect that the Central Government is not in agreement in providing reservation for in-service candidates in the Super Speciality courses. The learned counsel sought for time to file counter in this case.
4. It is clear from the above that a different stands have now been taken by the State Government and Central Government on this issue. The Hon’ble Supreme Court by passing the judgment in Tamil Nadu Medical Officers Association and Others vs. Union of India and others reported in 2020 SCC On Line SC 699 has specifically traced the power of reservation of in-service candidates under Entry 25 to List – III of Constitution of India. Both the Central Government and State Government will have powers to enact a law with regard to providing reservation for in-service candidates in Post Graduation and Super Specialty courses. In view of the divergent opinions expressed by the Central Government and State Government, this Court has to necessarily hear the versions of both sides before passing final orders in this Writ Petition.
5. Post this case for further hearing on 9.11.2020 at 2.15. In the meantime, the respondent 1, 2 and 5 shall file the counter affidavit. N.ANAND VENKATESH.,J
