The Supreme Court on Wednesday (June 24, 2026) said the cut-off or qualifying percentile for the National Eligibility-cum-Entrance Test-Super Speciality (NEET-SS) seats for in-service government doctors in States must be reduced for they serve the public and study at the same time.

A Bench of Justices B.V. Nagarathna and Joymalya Bagchi said the access for in-service government doctors to speciality medical courses must become easier as their healing skills would not be used for personal profit but for the benefit of the larger public.

The court made the oral observations while hearing a petition filed by the Tamil Nadu Medical Officers Association, represented by senior advocate P. Wilson.

The petition challenged the “premature diversion” of 152 vacant super speciality seats earmarked for in-service government doctors in Tamil Nadu to the All India Quota. It also sought protection of the State’s in-service reservation policy, pending a final decision on the reduction of the NEET-SS qualifying percentile.

“If you just take away super speciality seats and transfer to the All India Quota, how will the State doctors benefit? They work for the people of the State. They work in State government hospitals. The seats were earmarked for them to enable them to achieve greater skills to heal the public,” Justice Nagarathna said.

In-service government doctors must get a lesser cut-off, Justice Nagarathna said.

The court pointed out that every State across the country would have its own in-service category of doctors trying for super-speciality medical training.

“In-service is a different channel… Unlike someone who can sit at home and study, the government doctors are working and studying. They are an essential part of the public health infrastructure… The qualifying percentile has to be reduced for them. If you take seats away from the very people serving public health, how would that help the States?” the judge asked.

In-service government doctors were bound to public service till they retired, Mr. Wilson submitted. They serve in remote places, working day and night.

“I should get the concession of a reduced cut-off at least,” he submitted.

The court issued notice to the Union government, the Director General of Health Services, the National Medical Council, the State of Tamil Nadu and the Medical Counselling Committee, among other respondents.

The petition submitted that Tamil Nadu had earmarked 219 super speciality seats for in-service candidates for the academic year 2025-2026. Upon completion of two rounds of counselling, only 68 candidates had joined, leaving as many as 152 seats vacant.

“Over 111 in-service candidates remain on the waiting list and are legitimately anticipating a reduction of the qualifying percentile in accordance with the consistent practice followed during previous academic sessions. A substantial number of these candidates narrowly missed the existing qualifying percentile and would become eligible if the qualifying percentile is reduced/relaxed,” the association said.

These candidates possessed a legitimate expectation that they would be considered for admission in the in-service category.

“Available counselling data indicates that nearly 1,800 super speciality seats remain unfilled across the country. In such circumstances, diversion of 152 seats earmarked for in-service government doctors serves no compelling public purpose, particularly when the possibility of expansion of the eligible pool through reduction of the qualifying percentile remains open and under consideration,” the petition submitted.

The advocate appearing for the National Medical Council sought time to seek instructions with regard to the reduction of the percentile. The court scheduled the next hearing for July 15.