End of Quotas for PG & Super speciality courses? Supreme court has directed states to work towards ‘scrapping’ the quota system for super-speciality medical courses
The Supreme Court of India (SCI), reiterated a stand taken in 1988 and urged a relook at the system of ‘affirmative action’ in place in the institutions of higher education in India. The SCI bench, comprising Justices Dipak Misra and PC Pant observed that in spite of several reminders to the Central and state governments, reservation trumps merit in admission to these institutions.
Responding to a petition filed by Dr. Sandeep Kansurkar et al, which had argued against the domicile clause in eligibility criteria for the super speciality medical courses (SSMCs), such DM/M.Ch., offered in the states of Telangana, Tamil Nadu and Andhra Pradesh, the court directed both the central and the state governments to work towards scrapping quotas in super-speciality medical courses (SSMCs)
The SCI, in its judgement, noted that, “merit cannot be compromised by making reservation on the consideration, like residential requirement, as that would be absolutely against the national interest and plays foul of equality clause engrafted in the Constitution”
The judgement also noted the counter petition filed in the SCI by the States of Andhra Pradesh and Telangana and said it cannot interfere with the admission process in these two states, since a Presidential Order has created an exception and the constitutionality of the said Order had not been challenged.
However, it shall examine on November 4 whether Tamil Nadu could do the same and allow this form of reservation in a post-graduate programme.
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Original Post: Indian Express – SC Judgement
Image Credit: The Hindu
