New Delhi: The Supreme Court on Thursday ruled that there can be no reservation in appointment for faculty posts in speciality and super speciality courses in medical colleges including the prestigious All India Institute of Medical Sciences (AIIMS).
A five-judge constitutional bench headed by Chief Justice Altamas Kabir 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 speciality stage.
“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. 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.
The court pronounced its verdict on the plea of the Faculty Association of AIIMS against a Delhi High Court judgement.
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