Nativity Clause in Medical PG Admissions Which Disqualifies Medical Officers From Applying Under Service Quota Unconstitutional: Kerala HC
|The Kerala High Court held that the nativity clause in the prospectus governing admission to Medical Post Graduate Degree Courses which disqualifies Medical Officers from applying under the service quota is unconstitutional
The petitioner, a medical officer, had challenged Clause 4.2 of the prospectus, which prevented his participation in the Medical PG admission under the service quota as he was not a native of the State of Kerala.
The Court held that the “nativity clause in the instant case discriminates between persons born in the state of Kerala and those born outside the State, and such discrimination falls foul of Article 15(1) of the Constitution.”
A Single Bench of Justice Mohammed Nias C.P. observed, “In matters of making classification, Courts do not interfere if the sources are properly classified on a reasonable basis, which can only mean that the basis is not arbitrary or fanciful but bears a just, rational and intelligible relation with the object sought to be achieved by the classification. The power of the State to identify the sources for admission cannot extend to violating the constitutional guarantees.”
Advocate George Varghese represented the petitioner, while Advocate Suman Chakravarthy appeared for the respondents.
The Court explained that “Article 14 forbids discrimination not only by a substantive law but also by a law of procedure” and moreover, “the makers of the Constitution make a distinction between the expressions ‘place of birth’ and ‘domicile’, and they reflect two different concepts.”
The petitioner had contended that the clause was violative of Articles 14, 15, and 19 of the Constitution of India and was against the provisions of the Post Graduate Courses Under Service Quota Act, 2008, Act 29 of 2008 (the Act).
While the Government justified the clause, citing the need to maintain a merit-based admission system and ensure that residents of Kerala were not disadvantaged.
The Court remarked, “Though there can be restrictions placed based on domicile or any institutional preference, the objection of a person to participate in the selection process solely based on his place of birth is clearly hit by Article 15(1) of the Constitution of India.”
Therefore, the Court held that the State cannot include any clause in the prospectus that prevents a Medical Officer under the Act from being considered under any service quota for admission to the Medical Post Graduate Degree Courses based on Nativity alone.
Accordingly, the High Court allowed the petition.
Cause Title: Dr. M. Ganeshkumar v. State Of Kerala & Ors. (Neutral Citation: 2024:KER:17879)
Appearance:
Petitioner: Advocates George Varghese (Perumpallikuttiyil), Manu Srinath, Sreelakshmi R. Nair and Nimesh Thomas
Respondents: Advocate Suman Chakravarthy and G.P. P.G.Pramod