With the Supreme Court directing Tamil Nadu government to surrender 151 unfilled super speciality medical seats to the All India Quota (AIQ), the Tamil Nadu Medical Officers Association (TNMOA) criticised the State government’s handling of the case, saying it had been marked by negligence and a lack of seriousness from the beginning. None of the senior advocates appointed by the government appeared before the court on Tuesday (July 28, 2026), it said.
In its order, the Supreme Court said the Directorate General of Health Services (DGHS) should complete the process of the second round of counselling expeditiously. The counselling should be conducted on the same percentile and if, after the second round of counselling, a decision is to be taken to reduce the percentile, then 50% of such seats should be reverted to Tamil Nadu and the remaining 50% seats should be filled through subsequent counselling by the DGHS as per the renewed percentile.
In Tamil Nadu, 50% of super speciality seats are reserved for service doctors. This year, 151 seats remained unfilled.
Hasty declaration of seat vacancy
TNMOA, which filed a separate writ petition in the Supreme Court in relation to the NEET super speciality case, issued a strongly-worded statement on Wednesday (July 29), saying the present situation is entirely the result of the State government’s legal and administrative failure. It reflects not only a failure to protect the rights of government doctors but also a serious lack of commitment towards safeguarding Tamil Nadu’s public healthcare system and future super speciality services.
The association said this was a loss of 151 future super specialists who would have otherwise strengthened public health care and provided advanced medical care to the people of Tamil Nadu. The State government “hastily” conducted the second round of counselling and announced that 151 seats reserved for service doctors were vacant even before the All India second round of counselling.
Last minute appointment of senior advocate
“In the case filed by a non-service doctor, the State government failed to appoint a senior advocate in time and engaged counsel at the last moment and failed to effectively present arguments defending our rights. Most importantly, the counsel appearing on behalf of the government conceded before the court that 151 seats would be surrendered which resulted in the Supreme Court’s order dated May 29 to transfer our seats to AIQ. Although an appeal was filed against the said judgement due to political pressure, it remained a mere formality and didn’t come up for hearing till now,” the association said.
Unmet demand for resolution in Assembly
TNMOA’s general secretary M. Akilan noted that they have repeatedly urged the Tamil Nadu government to pass a special resolution in the Legislative Assembly to safeguard the State’s super speciality seats from being surrendered to the AIQ. But, the government did not act on that request as well.
It went on to cite an oral observation made by Justice B.V. Nagarathna during the hearing held two weeks ago – “How can government doctors, who are simultaneously discharging their official duties, compete with candidates who prepare for the NEET examination from the comfort of their homes?” Despite this important judicial observation, the State government failed to build and present strong arguments during Tuesday (July 28) hearing based on this observation, it said.
Absence of senior lawyers during hearing
Senior advocate P. Wilson had appeared on behalf of TNMOA. The Tamil Nadu government had engaged senior advocate Abhishek Manu Singhvi in the contempt petition filed against it. Despite the Health Secretary issuing orders appointing senior advocates Abhishek Manu Singhvi and Prashant to appear in the crucial hearing concerning the 151 seats following repeated requests from government doctors, “none of the senior advocates appeared before the court yesterday. As a result, the court found itself searching for the senior counsel to answer the Bench’s questions during the hearing,” TNMOA stated.
Despite two earlier judgements recognising Tamil Nadu government’s authority to regulate medical admissions and provide a separate channel for in-service candidates and upholding 50% reservation for in-service government doctors, the State failed during yesterday’s hearing to firmly advance the fundamental argument that these 151 seats constitute Tamil Nadu’s exclusive in-service quota and cannot legally be diverted to the AIQ, it said.
The association said that year after year, the Union government has been using its authority to divert seats earmarked for Tamil Nadu government doctors, thereby eroding the State’s rights. Such actions represent a clear instance of arbitrary exercise of power against the principles of federalism.
Health Minister’s ‘historic verdict’ remark slammed
Tamil Nadu Health Minister K.G. Arunraj on Tuesday (July 28) had called the apex court’s verdict “historic”. The Service Doctors and Post Graduates Association (SDPGA) raised doubts on the usefulness of the order as leftover seats after the second round of counselling that are reverted to the State may have less takers.
It said the number of service post graduates appearing for NEET DM/MCh has drastically reduced as there are fewer posts of assistant professors, associate professors and professors for super specialists in Tamil Nadu’s medical colleges. It said that the State health department’s redeployment model instead of creating new posts discourages service PGs as they do not have posts to join after DM/MCH. “The solution is to create new super speciality posts,” the association pointed out.
“The State government will soon find it difficult to expand super speciality care in rural areas. If the situation continues, they will have to close super speciality departments in government hospitals after a few years,” P. Saminathan, president of SDPGA, said.
A senior government doctor said this was not a historic verdict. “This is a clever tactic of grabbing our super speciality seats and denying social justice to our service candidates. This will lead to long term deterioration of public health. The Tamil Nadu government should go for an appeal to continue the legal fight instead of calling it a historic verdict,” he said.
Published – July 29, 2026 03:01 pm IST