Palakkad Medical College: Supreme Court to Review Former Chief Justice Chandrachud's Verdict
The Supreme Court has decided to reconsider the order allowing doctors from Palakkad Medical College to be included under the government service quota for medical PG admissions. A bench of Justice B.R. Gavai and Justice K.V. Vishwanathan indicated that the review petition filed by the State of Kerala against the dismissal of the Special Leave Petition decided by a bench led by former Chief Justice D.Y. Chandrachud is to be heard in open court. Justice Gavai’s bench opined that, upon preliminary assessment, the decision by the bench led by Justice Chandrachud requires reconsideration.
The Kerala High Court had earlier ruled that doctors from Palakkad Medical College, which operates under the Scheduled Caste Development Department of the state, could be considered for the government service quota in medical PG admissions. However, in November 2022, the Supreme Court bench led by Chief Justice D.Y. Chandrachud and Justice Hima Kohli dismissed the state government’s appeal against this decision. The Supreme Court noted that the administrative committee of Palakkad Medical College is chaired by the Chief Minister, which justified rejecting the state’s appeal.
Following this, the state government filed a review petition in the Supreme Court. As a result of the earlier Supreme Court judgment, the PG admissions of two doctors who had secured seats under the government service quota were canceled, while two doctors from Palakkad Medical College were admitted under the same quota. The Special Leave Petition filed by the two affected doctors aganist the judgment of the High Court was heard on Wednesday by a bench comprising Justices B.R. Gavai and K.V. Viswanathan.
Senior Advocate V. Chitambaresh and Adv Jogy Scaria, counsels representing the government service doctors, pointed out that the 2008 law clearly specifies the eligibility criteria for inclusion under the government service quota for medical PG admissions. It was argued that granting doctors from Palakkad Medical College admission under the government service quota contradicts the provisions of the 2008 law, as the college operates under the control of a society overseen by the Scheduled Caste Development Department.
Senior Advocate P.V. Dinesh and Standing Counsel Nishe Rajan Shonker, appearing for the state government, also urged the bench to review the judgment delivered by the bench led by Chief Justice Chandrachud. The state argued that employees of Palakkad Medical College cannot be classified as government employees since the society, and not the government, is responsible for hiring doctors and other staff. Thus, they contended, the employees of the college cannot be considered under the government service quota.
