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The Supreme Court today 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).
"We clarify that it is for the Central Government to take a decision as to whether there should be reservation in speciality and super speciality posts," a five-judge bench headed by justice H L Dattu said.
The Centre had moved the apex court seeking review of a Constitution Bench judgement which had said it cannot take a view contrary to the one 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 super speciality stage.
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As soon as Additional Solicitor General L Nageshwar Rao opened his arguments, the bench said the judgement makes it clear that the Centre has to follow the advice given in the Indra Sawhney case.
"Thats all and nothing more than that," the bench said and explained by saying that "we have not added a word other than what has been said in the Indra Sawhney judgement".
"It is open for the Central Government to take a decision whether there can be a reservation in speciality and super speciality posts," the bench, also comprising justices S S Nijjar, Ranjan Gogoi, M Y Eqbal and Vikramajit Sen said.
"At the best, we can add one sentence that it is for Central Government to take decision to amend the Constitution," it said leaving it to the Centre to take a decision on the controversial aspect of reservation.
"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 advise made in the Indira Sawhney judgement," the bench said.
"If you want to give reservation, give it and if the matter comes to court then we will see," the bench said while disagreeing with the Centre's submission that "advice has taken the shape of direction in the judgement".
