V. Kumaresan
In Tamil Nadu, 50 per cent of seats in the admission for super specialty medical courses like M.Ch., DM have been allocated to the eligible doctors who serve in the TN State Government Medical Services. The TN State government’s policy is the allocation to the doctors who are willing to continue in Government service after the completion of courses. This provision for the admission had enabled earlier to secure duly qualified doctors with specialization in different medical sciences in the State Government services. This time tested mode has proven its due impact in building up the medical and healthcare development system of Tamil Nadu that is popular as ‘Dravidian Model’.
This separate source of entry for government doctors is already available in the admission process for postgraduate medical courses like MS., M.D., etc. in the State. The mode stands discontinued in super specialty courses in the State since 2017. The State Government had issued a G.O. dated 7th November 2020 for the admission process for the academic year 2021-2022 with a separate mode of entry for government doctors allocating 50 per cent of total available seats.
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The G.O. was issued consequent to the decision of the Supreme Court in Tamil Nadu Medical Officers’ Association Vs. Union of India (2021) 6 SCC 568
The G.O. was challenged at the Supreme Court. The apex court heard it for the limited aspect of interim relief.
The contention and argument on the side of the petitioners were that ‘reservation’ in super specialty courses minimises the chances of meritorious candidates who are not in the State government services. Besides the petitioners argued that ‘reservation’ cannot be implemented in super specialty medical courses as it falls under the exempted category wherein ‘reservation’ is not applicable.
On the State government side it was argued that 50 per cent allocation of seats for doctors who are in the State services is not like communal reservation; but it is a separate source of entry in the admission process. This source of entry will add strength to the existing medical and health infrastructure in the State. The doctors are admitted in the separate source of entry only after agreeing to the official requirement of continuing in the State service till their superannuation after the completion of the course. Finally the apex court has allowed as interim relief allocating 50 per cent of seats in the super specialty medical courses for the qualified doctors in the TN State Medical Services. The contention of T.N. State government is as follows.
To demonstrate the conduct of the non-service candidates who had taken admission in super specialty courses in the last four years, it was pointed out that the majority of the candidates do not comply with the bond conditions. Most of the students who complete the courses do not serve the State. Therefore, the State is unable to sustain the institutions and the hospitals which witness a dearth of doctors.
The pronouncement of the Bench as interim relief is significant.
“This is not for NEET. This is for All India Institute of Medical Sciences admission. These are super specialty courses in institutes of national importance. These are separate examinations”.
The G.O. dated 7th November 2020 issued by the Tamil Nadu State Government became valid as per the direction of the Supreme court in its interim relief in the case.
The direction of the apex court is historic. The arguments put forth by the TN State Government presently led by the Chief Minister M.K. Stalin are vital to sustain the ‘Dravidian Model’, wherein the medical and healthcare services remain distinct, and beneficial for the people to build up further in the field.
