Points of Law : Disparities in spending policies that result in differing qualities of education for persons residing in different geographic locations may constitute discrimination under the Covenant.

JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J. - These proceedings under Article 32 have been instituted by two students from Ladakh. They have been nominated by the Administration of the Union Territory of Ladakh for admission to the MBBS degree course under the 'central pool' seats set apart by the Union Ministry of Health and Family Welfare. One of them has been allocated against a seat at Lady Hardinge Medical College ("LHMC"). The other has been assigned to Maulana Azad Medical College ("MAMC"). Unfortunately, these students have not yet been admitted to their course of studies despite due nomination by the Administration of the Union Territory of Ladakh and in terms of the seats notified by the Union Government. We have been constrained to take up the issue under Article 32, since the fundamental rights of students from Ladakh to pursue professional education are implicated. We will in the course of this judgment deal of course with the grievance of the two students. But we intend to deal with the issue on a systemic basis so that other students who may lack resources, or simply the knowledge about legal remedies, are not deprived of education.

2. Notice was issued in these proceedings on 26 March 2021. In pursuance of the order, Mr Rupinder Singh Suri, Additional Solicitor General appears for the Union of India while Mr K M Nataraj, Additional Solicitor General appears on behalf of the Administration of the Union Territory of Ladakh through the Director of Health Services, Ladakh ("DHSL"). The Office Report indicates that LHMC and MAMC have been served.

3 By a Memorandum dated 9 April 2020, the Government of India through the Ministry of Health and Family Welfare ("MHFW"), issued guidelines for the allocation of the general pool MBBS/BDS seats for 2020-2021. By a Notification dated 23 November 2020, the MHFW (Department of Health and Family Welfare) allotted, inter alia, one seat at LHMC to the Union Territory of Ladakh from the central pool. A similar allocation of one seat was made at MAMC. These allocations were made for the Ladakh central pool medical seats for the year 2020-2021.

4. Through a communication dated 19 February 2021 issued by the Administration of the Union Territory of Ladakh, the DHSL forwarded the list of selected candidates from Ladakh to be admitted in the central pool medical seats for the year 2020-2021. For convenience of reference, Annexure A to the Notification DHSL(21) of 2021 dated 19 February 2021 is extracted below:

Annexure - "A"

(Selected/Nominated list)

Order No:27/DHSL(21) of 2021, Dated 19/02/2021