The Supreme Court has agreed to hear Centre's plea seeking a review of its verdict by which it struck down reservation in appointment for faculty posts in speciality and super speciality courses in medical colleges including prestigious All India Institute of Medical Sciences (AIIMS).
A five judge bench headed by Justice HL Dattu, which had taken up Centre's review plea in chamber, directed that the matter be listed in court.
"Post IA No 1(application for open court hearing on review) for hearing before the Court," the bench also comprising justices SS Nijjar, Ranjan Gogoi, MY Eqbal and Vikramjit Sen said in its brief one line order.
The review petition was filed against July 18 verdict saying that it goes against the mandate of Mandal judgement and that the apex court had also ignored the detailed submissions made by the Centre.
The government said though the arguments were advanced by its lawyer for two days, the verdict merely stated that the Centre has adopted the arguments of AIIMS.
Ruling against reservation in speciality and super speciality courses, a five-judge constitutional bench headed by Chief Justice Altamas Kabir (since retired) had 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 had said in its unanimous judgement.
The court had pronounced its verdict on the plea of the Faculty Association of AIIMS against a Delhi High Court judgement. The Faculty Association had contended there cannot be any reservation for faculty posts to speciality and super speciality faculty courses in AIIMS.