The Supreme Court on Thursday put the ball in Centre’s court to take a call on providing reservation in appointment for faculty posts in speciality and super-speciality posts in medical colleges, including the prestigious All India Institute of Medical Sciences (AIIMS).
The Centre had sought a review of the July 18, 2013 judgement of the apex court that had held that the Centre was bound to follow the rule laid down by the 1992 Constitution Bench decision in the Indra Sawhney case, advising the Government not to provide reservation in speciality and super-speciality posts in medical colleges, including AIIMS.
A five-judge Constitution Bench on Thursday, while disposing the review petition, reiterated that the nine-judge Constitution Bench’s decision of July 18 “still holds good”.
The Constitution Bench of Justices Hl Dattu, SS Nijjar, Ranjan Gogoi, MY Eqbal, and Vikramajit Sen told the Centre, “Even now the ball is in your court. You can say whether in speciality and super-speciality posts there can be reservation or not. Choice is yours to follow the advice made in the Indra Sawhney judgement.”
With this clarification, the Supreme Court has definitely paved the way for the Centre to carve out quota for SC/STs and other Backward Classes in AIIMS faculty posts. But the court added a rider, “If you want to give reservation, give it and if the matter comes to court then we will see.”
Appearing for the Centre, Additional Solicitor Generals l Nageswar Rao and KV Vishwanathan argued that the Indra Sawhney judgement did not restrain the Centre from providing reservation in appointments to specialty and super-speciality courses. The Centre had batted in favour of reservation and objected to the argument that reservation would compromise merit.
The judgement under review had quoted from the Indra Sawhney verdict that said: “In certain services in respect of certain posts, application of rule of reservation may not be advisable in regard to various technical posts including posts in super-speciality in medicine, engineering and other scientific and technical posts.”
The court, however, in its final conclusion said, “We impress upon the Central and State Governments to take appropriate steps in accordance with the views expressed in the Indra Sawhney case and in this case, as also the other decisions referred to above, keeping in mind the provisions of Article 335 of the Constitution.”
The Faculty Association of AIIMS and Resident Doctors Association had challenged the reservation scheme being applied to appointments in premier institutes faculty positions.