Dr. Kriti Lakhina and Others vs State of Karnataka and Others

Court

Supreme Court of India

Date

4 April 2018

Case No.

Writ Petition (Civil) No. 204 of 2018

Result

Allowed

Bench

Arun Mishra, Uday Umesh Lalit

Citation

[2018] 3 S.C.R. 517 : 2018 INSC 302

Headnote

Education/Educational Institutions: Medical education – Admission to Post Graduate courses – Clause 4 of the Information Bulletin issued by Directorate of Medical Education, Government of Karnataka and Karnataka Examinations Authority, Government of Karnataka – Imposition of condition of domicile for 10 years in Karnataka, for admission to MD, MS and Post-Graduate courses in respect of 50% government quota seats in Medical/Dental Colleges in the State of Karnataka – Writ petition by doctors who did their MBBS/BDS Courses from State of Karnataka and have cleared the NEET-PG, 2018 examination, aspiring for admission to Post-Graduate Courses in Karnataka, seeking quashing of clause

4 as invalid – Held: Clause 4.1 of the Information Bulletin (PGET2018) is invalid to the extent it disqualifies petitioners-doctors and similarly situated candidates who completed their MBBS/BDS Degree Courses from colleges situated in Karnataka from competing for admission to Post-Graduate Medical/Dental Courses in Government Medical Colleges and against government quota seats in nongovernmental institutions – Issuance of direction to the State of Karnataka and other respondents to suitably modify and amend the Information Bulletin – Constitution of India – Art. 32.

Vishal Goyal and Others v. State of Karnataka and Others (2014) 11 SCC 456 – relied on.

Dr. Pradeep Jain and Others v. Union of India and Others (1984) 3 SCC 654 : [1984] 3 SCR 942; Saurabh Chaudri and Others v. Union of India and Others (2003)

11 SCC 146 : [2003] 5 Suppl. SCR 152; Magan Mehrotra and Others v. Union of India and Others (2003) 11 SCC 186; Nikhil Himthani v. State of Uttarakhand and Others (2013) 10 SCC 237 : [2013]

14 SCR 23; D.P. Joshi v. State of Madhya Bharat and Another AIR 1955 SC 334 : [1955] 1 SCR 1215; Kumari N. Vasundara v. State of Mysore and Another (1971) 2 SCC 22 : [1971] Suppl. SCR 381; Minor P. Rajendran v. State of Madras and Others [1968] 2 SCR 786; Minor A. Peeriakaruppan v. State of Tamil Nadu and Others (1971) 1 SCC 38 : [1971] 2 SCR 430; D. N. Chanchala v. The State of Mysore and Others (1971) 2 SCC 293 : [1971] Suppl SCR 608; Dr. Jagadish Saran and others v. Union of India (1980)

2 SCC 768 : [1980] 2 SCR 831; Fraz Naseem v. Union of India (2014) 11 SCC 453 – referred to.

The Judgment of the Court was delivered by UDAY UMESH LALIT, J. 1. This petition under Article 32 of the Constitution of India has been filed by 44 Doctors who did their MBBS/BDS Courses from State of Karnataka and have cleared the NEET-PG, 2018 examination with high merit position and are aspiring for admission to Post-Graduate Courses in Karnataka. The principal prayer in the writ petition seeks issuance of an appropriate writ, order or direction quashing Clause 4 of the Information Bulletin jointly issued by Directorate of Medical Education, Government of Karnataka and Karnataka Examinatio

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