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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, C. KUMARAPPAN
Puducherry Institute of Medical Sciences, rep. by its Chairman Dr.K. Jacob – Appellant
Versus
Government of Puducherry, rep. by the Under Secretary to Government (Health), Chief Secretariat – Respondent
| Table of Content |
|---|
| 1. examine the binding nature of admissions for minority institutions. (Para 2 , 3 , 4 , 5) |
| 2. assess constitutional validity of domicile restrictions in admissions. (Para 6 , 12) |
JUDGMENT :
(ANITA SUMANTH, J.)
A common order is passed in the Writ Appeal and Writ Petitions, since the issue arising for determination is one and the same.
2. W.A.No.1568 of 2018 and W.P.No.8669 of 2018 have been filed by the Puducherry Institute of Medical Sciences (in short, either appellant or PIMS). The Government of Puducherry, represented by the Under Secretary to Government (Health) is arrayed as R1 in both the Writ Appeal and the Writ Petition and the Central Admissions Committee (CENTAC) is arrayed as R2 in the Writ Appeal and R3 in W.P.No.8669 of 2018. The Medical Council of India (MCI) is arrayed as R2 only in the Writ Petition and not in the Writ Appeal.
3. W.P.No.8894 of 2018 is at the instance of Sri Venkateswara Medical College Hospital and Research Centre (hereinafter referred to as petitioner). The Union Territory of Puducherry, represented by the Under Secretary to Government (Health) is arrayed as R1, the Director, Directorate of Health and Family Welfare Services is arrayed
Domicile restrictions for admissions in minority institutions violate the equality clause under Article 14, mandating that PG medical course admissions be based on merit rather than residence.
Domicile/residence-based reservation in PG Medical Courses is unconstitutional, violating the principle of equality under Articles 14 and 15 of the Constitution.
The New Regulation PGMER 2023 permits seat sharing for reservation policies, overriding previous regulations, and minority institutions cannot claim all seats as All India Management Quota.
Reservation of postgraduate medical seats based on domicile is constitutional, supporting local education while respecting equality principles.
The fixation of government seat quotas in unaided minority institutions is unconstitutional and violates their fundamental right to autonomy under Article 30(1) of the Constitution.
The restriction imposed by the 2016 Rules on the right guaranteed under Article 19(1)(g) is reasonable and thus saved by clause (6) of Article 19.
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