The Writ Petition filed by the Tamil Nadu Medical Officers Association and affected in-service Government doctors came up for hearing today before the Hon’ble Supreme Court of India comprising Hon’ble Ms. Justice B.V. Nagarathna and Hon’ble Mr. Justice Joymalya Bagchi.

by Sekar Reporter · June 24, 2026

The Petition concerns the proposed transfer of 152 vacant Super Speciality seats earmarked for in-service Government doctors in Tamil Nadu to the All India Quota and seeks protection of the State’s in-service reservation policy pending a final decision on reduction of the NEET-SS qualifying percentile.

Senior Advocate P. Wilson, appearing for the Petitioners, submitted that permitting the 152 vacant in-service seats to be filled through the All India Quota before completion of the second round of All India Quota counselling and before a final decision is taken regarding reduction of the qualifying percentile would cause serious prejudice to in-service Government doctors and adversely impact the public healthcare infrastructure of Tamil Nadu.

It was brought to the notice of the Hon’ble Court that the present situation arose pursuant to the order dated 29.05.2026 passed in Tamilvani v. State of Tamil Nadu, wherein the transfer of the vacant in-service seats was directed following the consent given on behalf of the State Government. It was further submitted that the State Government itself subsequently realised the adverse consequences of such transfer and has filed a Review Petition before the Hon’ble Supreme Court, which is presently pending consideration.

Senior Counsel argued that the interests of in-service candidates, who are directly affected by the transfer of seats, were never independently represented or heard before the said directions came to be issued. It was further contended that the very purpose of the in-service reservation policy would be defeated if the seats are permitted to be filled through the All India Quota at this stage.

Drawing attention to the experience of previous academic years, Senior Counsel submitted that the qualifying percentile for NEET-SS has consistently been reduced during later stages of the counselling process, resulting in a larger pool of eligible candidates. If a similar reduction is effected during the current academic year, newly eligible in-service candidates would be permanently deprived of the opportunity to compete for seats reserved for them, as those seats would already have been transferred to the All India Quota.

It was further argued that such a situation would lead to an anomalous and inequitable result whereby candidates with lower qualifying percentiles may secure admissions through the All India Quota, while in-service Government doctors, for whose benefit the reservation policy was specifically created, would be denied the opportunity to compete altogether. Such an outcome would not only undermine the State’s in-service reservation framework but would also adversely affect the availability of specialist doctors in Government hospitals and medical colleges across Tamil Nadu.

After hearing the submissions, the Hon’ble Supreme Court observed that exparte order of transfer of 152 seats has been passed without hearing the Inservice candidates and further observed that “A govt doctor, if acquires more skills, will serve public health better than private doctor. How many can afford private hospital? Cut-off has to be lesser for in-service candidates, because they are working and studying. There are students sitting at home and studying. In-service is a separate category for admission. How will State doctors working in public health sector benefit? They can’t sit home and study!”. The Hon’ble Supreme court was pleased to issue notice in the matter and the counsel appearing for National Medical counsel has sought time to seek instruction with regard to reduction of percentile. The case has been posted for further hearing on 15 July 2026.