The main legal point established in the judgment is that the residence requirement imposed by JIPMER for admission to the MBBS course under the Pondicherry quota was upheld as legal and in line with Section 13(m) of Central Act 19/2008.

Introduction:

1. The legality and correctness of the stipulation made by Jawaharlal Institute of Post-Graduate Medical Education and Research (hereinafter referred to as JIPMER) directing the Pondicherry Scheduled Caste candidates to obtain residence certificate from the Government of Pondicherry as an eligibility condition for admission to the MBBS course under the quota reserved for Pondicherry residents made the Scheduled Caste Origin candidates to file these two writ petitions.

The facts:

2. The JIPMER issued a prospectus indicating that out of the total number of 141 MBBS seats, 40 seats would be reserved for the residents of Pondicherry. The institution, out of 40 seats reserved for the local candidates, allotted six seats to the Schedule Caste Candidates of Pondicherry Origin.

3. Clause (vi) of the prospectus provides that "Pondicherry Scheduled Caste" means a candidate satisfying the definitions of categories (ii) as well as (iv-a)/(b). Category (iv) mandates that candidates making applications for Pondicherry reserved seats should produce a nativity certificate indicating that either the candidate or his parents have continuously resided in the Union Territory of Pondicherry for a period of five years immediately preceding the date of application.

4. The grand parents of the petitioners were residents of Pondicherry as on 5 March 1964, the date on which the President issued notification under Article 341 of the Constitution of India relating to Pondicherry. The petitioners are not residing at present in Pondicherry. In view of the condition regarding five years continuous residence at Pondicherry, they would not be in a position to apply against the seats reserved for Pondicherry residents. According to the petitioners, Scheduled Caste Origin alone could be considered as Scheduled Caste of Pondicherry. The Scheduled Caste migrants cannot be treated as Scheduled Caste of Pondicherry notwithstanding their residential status. The petitioners placed reliance on the judgment of the Supreme Court in Marri Chandra v. Dean, S.G.S. Medical College (1990) 3 SCC 130 in support of their contention that a candidate, recognised as a member of Schedule Caste in his original State on his migration to another State is not entitled to get the benefit of reservation. The petitioners therefore wanted the clause regarding residential status to be quashed and a direction to consider them for admission to first year M.B.B.S. Course against the quota reserved for Pondicherry residents.

5. The Dean, JIPMER filed a detailed counter affidavit indicating that 40 seats are reserved for the local candidates. The basis to determine a local applicant is continuous residence in the Union Territory of Pondicherry for atleast five years immediately preceding the date of application. In case the Pondicherry Scheduled Caste candidates produce the certificate issued by the competent authority in the prescribed format indicating that they are residents of Pondicherry, they would be considered against the quota reserved for Scheduled Caste of Pondicherry. According to the Dean, the petitioners failed to prove the residential status in Pondicherry and that was the reason for treating them as Scheduled Caste General.

Submissions:

6. The learned Senior Counsel for the petitioners by placing reliance on the provisions of the Central Educational Institutions (Reservation in Admission) Act, 2006 and the judgment of the Supreme Court in Marri Chandra v. Dean, S.G.S. Medical College (1990) 3 SCC 130 and the judgment of a Division Bench of this Court in D. Rajasree v. Government of Pondicherry (Judgment dated 7 October 2009 in W.P.No.13254 of 2009) contended that JIPMER was not justified in imposing such an onerous condition on the candidates who are Scheduled Caste Origin. According to the learned Senior Counsel, the petitioners would not get admission in other States as they are Scheduled Castes of Pondicherry. The learned Senior Counsel contended tha