‘No quota for faculty posts in super-specialty medical courses’
19 July 2013 11:56 PM GMT
A five-judge constitutional bench headed by Chief Justice Altamas Kabir on Thursday refused to extend reservation in the appointment of faculty members of the medical colleges. The bench said it cannot take a contrary view expressed in 1992 by a nine-judge bench in the Indra Sawhney case, also known as the Mandal case, that there could be no compromise with merit at the super specialty stage. The Supreme Court ruled that there can be no reservation in appointment for faculty posts in specialty and super specialty courses in medical colleges including the prestigious AIIMS.
‘We cannot take a different view, even though it has been suggested that such an observation (of Mandal verdict) was not binding, being obiter in nature,’ the bench said.
‘We cannot ascribe to such a view since the very concept of reservation implies mediocrity and we will have to take note of the caution indicated in Indra Sawhney’s case,’ the bench said.
Referring to various judgements including that of the Mandal case, it said, ‘We impress upon the Central and State Governments to take appropriate steps in accordance with the views expressed in Indra Sawhney’s case and in this case, as also the other decisions referred to above, keeping in mind the provisions of Article 335 (claims of SC/ST to service and posts) of the Constitution.’
The court pronounced its verdict on the plea of the Faculty Association of AIIMS against a Delhi High Court judgement. The Faculty Association had contended that there cannot be any reservation for faculty posts to specialty and super specialty faculty courses in AIIMS. The Faculty Association had contended that there cannot be any reservation for faculty posts to specialty and super specialty faculty courses in AIIMS.
‘We cannot take a different view, even though it has been suggested that such an observation (of Mandal verdict) was not binding, being obiter in nature,’ the bench said.
‘We cannot ascribe to such a view since the very concept of reservation implies mediocrity and we will have to take note of the caution indicated in Indra Sawhney’s case,’ the bench said.
Referring to various judgements including that of the Mandal case, it said, ‘We impress upon the Central and State Governments to take appropriate steps in accordance with the views expressed in Indra Sawhney’s case and in this case, as also the other decisions referred to above, keeping in mind the provisions of Article 335 (claims of SC/ST to service and posts) of the Constitution.’
The court pronounced its verdict on the plea of the Faculty Association of AIIMS against a Delhi High Court judgement. The Faculty Association had contended that there cannot be any reservation for faculty posts to specialty and super specialty faculty courses in AIIMS. The Faculty Association had contended that there cannot be any reservation for faculty posts to specialty and super specialty faculty courses in AIIMS.
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