SC issues notice on plea challenging reservation in NEET super speciality

A bench of Justices L Nageswara Rao and BR Gavai adjourned the matter to February 25, 2022. The matter was argued by Senior Advocate Gopal Sankaranarayanan, assisted by advocate Shankar Narayanan and Suhrith Parthasarathy. 

The petition was filed by advocate on record, Rashmi Nandakumar. The Court was hearing a petition challenging the Tamil Nadu government's decision purporting to reserve 50 per cent seats at the Super Specialty level in Government Medical Colleges to doctors who are serving under the State of Tamil Nadu. 

The petitioners, including N Karthikeyan, are candidates who have participated in the NEET-SS-2021 which was conducted on January 10, 2022. The results are expected to be released by the end of this month.

The petitioners said that the Tamil Nadu government's decision dated November 7, 2020, is in clear violation of Article 14 of the Constitution as it creates an impermissible classification, contrary to the law. 

According to the petition, petitioners and other candidates have given the examination pursuant to the information bulletin which states that there is no special provision. 

The Petitioners submitted that writ petitions have been filed in the Madras High Court seeking injunctions to enforce the government order to provide for reservations for the present academic year and the petitioner has filed an application for impleadment in the writ petition. 

"Various states have been attempting to impose different quotas on super specialty seats in Government Medical Colleges within their jurisdiction. 

The NEET-SS is a national examination conducted in pursuance of the mandate to coordinate standards of education across the country," the petition said. 

The Petitioners submitted that until the validity of the special provisions in the super speciality is determined by this Court and a uniform policy is drawn, no reservation can be created for in-service candidates at this level. 

The Petitioners submitted that in any case, no such reservation can be created mid-way through the examination process. Therefore, the petitioner has sought to declare the government order dated November 7, 2020, as unconstitutional being in violation of Article 14 of the Constitution of India and to order that admissions pursuant to NEET-SS 2021 be conducted without providing reservations to in-service doctors.