J SATHIYA VIJAYAN Vs. SECRETARY SELECTION COMMITTEE

JUDGEMENT

(1.) ADMISSION to Post Graduate Medical Courses, without fail, has been the subject matter of litigation year after year, under one pretext or the other and the batch of cases on hand belongs to the same genre.

(2.) FOR the first time, the Government of Tamil Nadu introduced a reservation of 50% of seats in Post Graduate Medical Courses, for in-service candidates in the academic year 1999-2000. The stipulation was challenged in a batch of writ petitions, which eventually landed up in the Supreme Court. The reservation was upheld by the Supreme Court in K. Duraisamy vs. State of Tamil Nadu {2001 (2) SCC 538}. Therefore, the said pattern is in vogue in the State of Tamil Nadu since then.

(3.) HOWEVER, until the last academic year {2008-2009}, several categories of employees came under the quota meant for service candidates as seen from Clauses 54. b and 55 of the Prospectus for admission to Post Graduate Diploma/degree/mds/5 Year M. Ch. {neuro Surgery Courses} for the year 2008-2009. They read as follows:-"54. b. 50% of seats in each branch and in each college are reserved for service candidates, in addition to those service candidates selected in the open category. In case of an odd number of vacancy, the vacant seats shall be filled up by consideration of merit among both Service and Non-Service candidates put together. The seats in MD/ms/5 year M. Ch. (Neuro Surgery)/mds in the following specialities will be exclusively reserved for service candidates:-Non-Clinicalclinical 1) MD Pathology1) MD Psychiatric Medicine 2) MD Physiology 2) MD Radio Diagnosis 3) MD Bio-Chemistry3) MD Radiotherapy 4) MD Microbiology4) MD Anaesthesia 5) MD Forensic Medicine5) MD TB and Chest Diseases 6) MD Pharmacology6) 5 year M. Ch. (Neuro Surgery)7) MD SPM7) DMRD 8) MS Anatomy8) DMRT" mds 1) Community Dentistry"