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States Can Provide In-Service Quota In PG-Super Speciality Medical Courses: Kerala HC

Observing that the States have the power to provide quota for in-service candidates in PG-Super

Speciality medical courses, the High Court of Kerala has directed that the 40 % in-service quota

under the Kerala Medical Officers Postgraduate and Service Quota Act, 2008 should be given

effect during the counselling for PG-Super Speciality medical seats.The counsel also pointed out

that the State Government had been providing in-service quota under the 2008 Act from 2009-10

until the Central Government directed to suspend it as per a notification issued in 2017. The

Central Government issued the said notification following the SC decision in State of UP v.

Dinesh Singh Johal reported in (2016) 9 SCC 749, which doubted the validity of reservation for

in-service candidates. the State has the right to provide reservation, the position as on 2009-2010

has to be restored, as per the provisions in Kerala Medical Officers Postgraduate and Service

Quota Act, 2008 and the rules framed thereunder. State Government is bound to implement the

judgment of the Hon'ble Supreme Court in Tamil Nadu Medical Officers Association's case

(supra), giving effect to the same as per the statutory provisions and the rules. State is yet to

prepare the list. Appellants and others have participated in the examination conducted for

admission to the Super Speciality courses, which is the subject matter in this appeal. State

Government is directed to prepare a list of eligible candidates, for admission against general and

candidates against 40% reservation earmarked for in-service candidates, and accordingly,

forward the list of candidates, both general as well as in-service candidates, to Director General

of Health Services (respondent No.1), the authority for counselling the candidates for admission

to the Super Speciality courses."

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