NIKHIL HIMTHANI versus STATE OF UTTARAKHAND & ORS.

Giving preference to candidates for admission to post-graduate medical courses in the medical colleges of the State based on domicile or admission through State PMT is violative of Article 14 of the Constitution; eligibility criteria based on such preference must be quashed.

Parties: Petitioner: Nikhil Himthani; Respondent: State of Uttarakhand; Respondent: Ors.
Jurisdiction: India
Judgment Date: 06 August 2013
Procedural Posture: Writ Petition (civil) / Civil Original Jurisdiction; Final Judgment
Outcome: Writ Petition allowed
Legal Topics: Admission to Medical Colleges, State Quota in Admissions, Domicile Based Preference, Equality Under Article 14

Constitutional Law Education Law Admission to Medical Colleges State Quota in Admissions Domicile Based Preference Equality Under Article 14

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Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2

Parties

Nikhil Himthani

Petitioner

State of Uttarakhand

Respondent

Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Civil Original Jurisdiction; Final Judgment

Legal Issues

1 Whether preference or eligibility criteria based on domicile for admission to post-graduate medical courses violates Article 14 of the Constitution
2 Whether exclusion of candidates not admitted through Uttarakhand State PMT for state quota admission is discriminatory

Ratio Decidendi

Court Disposition

Writ Petition allowed

Orders

Clauses 1, 2, and 3 of the Eligibility Criteria in the Information Bulletin are quashed
Admissions made on the basis of clauses 1, 2 and 3 are declared void