VISHAL GOYAL & ORS. versus STATE OF KARNATAKA & ORS.

VISHAL GOYAL & ORS. versus STATE OF KARNATAKA & ORS.

Sub-clause (a) of clause 2.1 of the Information Bulletins for PGET-2014 is ultra vires Article 14 of the Constitution as it excludes candidates who studied MBBS/BDS in Karnataka but do not satisfy additional 'Karnataka origin' requirements; this violates the principles of equality and non-arbitrariness in admissions, as laid down by the Supreme Court in Dr. Pradeep Jain's case. For State quota seats, including those in private colleges, the State must follow Article 14 in making admissions, and cannot enforce such exclusionary criteria.

Parties
Petitioner: Vishal Goyal & Ors.; Respondent: State of Karnataka & Ors.
Jurisdiction
India
Judgment Date
24 April 2014
Procedural Posture
Writ Petition (civil) / Final Decision on Merits
Outcome
Writ petitions allowed
Legal Topics
Article 14 (equality Before Law), Admissions to Post Graduate Medical and Dental Courses, Institutional Preference, Validity of Eligibility Criteria
Constitutional Law Education Law Article 14 (equality Before Law) Admissions to Post Graduate Medical and Dental Courses Institutional Preference Validity of Eligibility Criteria

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Parties

Vishal Goyal & Ors.

Petitioner

State of Karnataka & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Decision on Merits

Legal Issues

  1. 1 Whether sub-clause (a) of clause 2.1 of the Information Bulletins for PGET-2014, restricting eligibility to candidates of Karnataka origin, is ultra vires Article 14 of the Constitution
  2. 2 Whether the State can restrict admission to the State quota of postgraduate medical and dental courses to candidates of Karnataka origin, excluding even those who studied in Karnataka

Ratio Decidendi

Sub-clause (a) of clause 2.1 of the Information Bulletins for PGET-2014 is ultra vires Article 14 of the Constitution as it excludes candidates who studied MBBS/BDS in Karnataka but do not satisfy additional 'Karnataka origin' requirements; this violates the principles of equality and non-arbitrariness in admissions, as laid down by the Supreme Court in Dr. Pradeep Jain's case. For State quota seats, including those in private colleges, the State must follow Article 14 in making admissions, and cannot enforce such exclusionary criteria.

Court Disposition

Writ petitions allowed

Orders

  • Sub-clause (a) of clause 2.1 of the two Information Bulletins for PGET-2014 declared ultra vires Article 14 and null and void.
  • Respondent directed to publish fresh Information Bulletins and do admissions to postgraduate medical and dental courses in government colleges and the State quota in private colleges in accordance with law by end of June 2014 on the basis of results of the Entrance Test already held.