SC reinforced its earlier view of No Reservation in Super Specialty Courses in Medicine

The Supreme Court (SC) on 28 October 2015 reinforced its earlier view that there should really be no reservation in super specialty courses in medicine.

Echoing the observations made the SC in 1988, the bench of Justice Dipak Misra and Justice PC Pant said that an objective assessment of situation is required keeping national interest in mind.

In its 1988 judgment, it had said that the Union and the State Governments should seriously consider the issue without delay and appropriate guidelines shall be evolved by the Indian Medical Council to keep Super Specialties in medical education unreserved, open and free.

The observations came while hearing a batch of appeals challenging the domicile-based reservations in super specialty medical courses in Andhra Pradesh, Telangana and Tamil Nadu.
While, the bench refused to interfere with the admission process in Andhra Pradesh and Telangana since a Presidential Order has created an exception and the constitutionality of this order had not been challenged.

Andhra Pradesh and Telangana have put reservation in place through a special privilege granted to it under Article 371-D of the Constitution and the Presidential Order. Article 371 of the Constitution provides special provisions to protect the interests of people and resources of the state.

However, the court agreed to hear the case of Tamil Nadu that asks whether it could do the same and allow this form of reservation in post-graduate courses. It posted the case of Tamil Nadu on 4 November 2015.

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