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2025 Supreme(Bom) 1193

IN THE HIGH COURT OF BOMBAY AT GOA 
Bharati Dangre, Nivedita P. Mehta, JJ.
Miss. Snigdha Sudhindra Uppoor, d/o Shri. Sudhindra Uppoor – Petitioner
Versus
The State of Goa, Through its Chief Secretary and ors. – Respondents
Writ Petition No. 1653 of 2025 (F)
Decided On : 24-07-2025

Advocate Appeared:
For the Petitioner:Mr. V.M. Thorat with Ms. Pooja Thorat, Mr. Vineet Surlakar and Mr. K. Panchal, Advocates
For the Respondent:Mr. Devidas J. Pangam, Advocate General with Mr. Prashil Arolkar, Additional Government Advocate

The court upheld residency-based admission criteria for medical college, affirming that such classification is rational and serves state interests, thus not violating constitutional provisions.

Headnote:(A) Constitution of India - Article 14 - Admission criteria for professional degrees - Ineligibility of candidate from General Category for not passing qualifying exams from State institutions - Court observed that classification between domicile students and those from outside is rational and promotes local interest, with nexus to the object of reserving seats - Petitioner failed to meet requirements of passing Home State exams and continuous residence. (Paras 13, 21, 25, 46)

(B) Legal principles on merit and eligibility - Court reiterated that merit alone may not suffice as State has the right to impose residency conditions for auxilliary considerations in education. (Paras 12, 46)

Facts of the case:
The petitioner, a resident of Goa and a CBSE student, challenged the admission criteria requiring students to pass XII from State schools, deeming it discriminatory and requesting consideration under General Category. The petitioner argued that domicile status should suffice for eligibility.

Findings of Court:
Continued adherence to the established admission criteria was upheld; the petitioner's ineligibility was affirmed as per the State's imposed conditions on education and residence.

Issues: The main issues were whether the residential eligibility criteria violate constitutional rights and if domicile should suffice for admission in professional courses.

Ratio Decidendi: The court ruled that the classification between local residents and outsiders for medical college admission is permissible, prioritizing local talent and serving state's healthcare needs, defending the criteria's constitutionality.

Result: Petition dismissed.

Table of Content
1. petitioner seeks admission eligibility. (Para 1 , 2)
2. details of admission rules outlined. (Para 3 , 4 , 5)
3. impediment in petitioner's eligibility established. (Para 6 , 7)
4. arguments against residency discrimination presented. (Para 8 , 9 , 10)
5. past judgments supporting residency rules cited. (Para 11 , 14)
6. analysis of educational requirements discussed. (Para 12)
7. the rationale behind the state's ability to implement educational residency requirements. (Para 16)
8. residence and educational requirements explained. (Para 19 , 20 , 21)
9. legal framework involving equality and residency. (Para 22 , 23 , 24)
10. constitutional validation of residency in admission. (Para 25 , 26 , 27)
11. discussion of residency-based reservations. (Para 28 , 29 , 30)
12. previous judgments reinforce eligibility requirements. (Para 31 , 32 , 33)
13. arguments against residency and external education refuted. (Para 34 , 35 , 36)
14. final conclusion on upholding residency requirements. (Para 37 , 38)
15. judicial reasoning upheld educational and residency prerequisites. (Para 39 , 40 , 41)
16. further justification for residency inclusion in admissions. (Para 42 , 43 , 44)
17. broad consensus against abolishing residency clause. (Para 45 , 46)
18. judgment concludes with rejection of petition. (Para 47)

JUDGMENT :

BHARATI DANGRE, J.

1. ‘Rule’. By consent of the parties, the Writ Petition is taken up for final hearing.

The Petitioner, Miss. Snigdha Sudhindra Uppoor, a resident of Goa and aspirant for securing admission to first year professional degree course of MBBS in Goa Medical College, Bambolim, has approached this Court being aggrieved by a stipulation in the common Prospectus for admission to the first year professional degree course Session 2025-26, restricting which has restricted the eligibility of the candidate under ‘General Category’ by providing that the candidate must have passed XIIth or equivalent examination from schools/colleges in the State of Goa, in addition to the condition of being a resident of the State.

2. The Petitioner, born to the parents originally from Udupi in the State of Karnataka, on being married in the year 2004, chose State of Goa as their place of abode since November 2004. Both Doctors by profession, established themselves in the Village of Calangute, State of Goa.

Born in Goa, the Petitioner completed her schooling in Sharada Mandir School, Miramar, situated at Panaji and secured 94.3% marks in the Xth standard Board examination.

In her better interest, her parents admitted her to Sri Chaitanya Junior College, at Vijaywada, Andhra Pradesh, which runs a residential programme in higher studies and more for the reason, that her brother had already secured admission in BITS, Hyderabad and her parents being professionals, at times were required to travel out of Goa and by admitting her in a residential school, her academic and personal interest could be best secured.

As a consequence, the Petitioner appeared for the XIIth standard Board examination, conducted by the Board of Intermediate Education, Andhra Pradesh and secured 98.1% marks.

Since the Petitioner and also her parents are residents of Goa, she is very much interested in securing admission in the MBBS degree course in the Goa Medical College, which is affiliated to Goa University.

3. For securing admission in the professional decree course of medicine/dentistry, the Directorate of Technical Education has issued a common Prospectus for Session 2025-26, setting out the schedule of admission activities, including the submission of Application forms, display of merit list, etc. The information contained therein pertains to the Common Entrance Test (CET) and admission procedure applicable to the Government, Government aided and unaided colleges in Goa offering Bachelor’s Degree courses in various distinct streams, including Medicine (Allopathy, Homeopathy, Ayurveda), Pharmacy, Allied Health Sciences, Nursing etc.

The Prospectus cover 200 seats in G

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