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2019 Supreme(All) 412
HIGH COURT OF JUDICATURE AT ALLAHABAD BENCH AT LUCKNOW
Alok Mathur, J.
Jitendra Gupta and others - Appellants
Vs.
State of U.P. Thru Prin Secy Med Education and another - Respondents
Miscellaneous Single No. 8616 of 2019
Decided On : 01-04-2019
Sudeep Seth, Adv., Sanjay Bhasin, Adv.
Headnote:
Domicile Preference - Eligibility Criteria - Clause 3 (Kha) - Dr. Pradeep Jain vs Union of India (1984) 3 SCC 654, Megan Mehrotra vs Union of India (2003) 11 SCC 186, Nikhil Himthani vs State of Uttrakhand (2013) 10 SCC 237 - The court quashed Clause 3 (Kha) of the Government Order dated 09/03/2019 and Clause 2 of the eligibility criteria as it violated the judgments of Dr. Pradeep Jain vs Union of India, Megan Mehrotra vs Union of India, and Nikhil Himthani vs State of Uttrakhand, which held that no preference can be given to candidates on the basis of domicile to compete for the institutional quota of the State if such candidates have done their MBBS course in colleges outside the State.
Fact of the Case:
The petitioners, qualified doctors with MBBS degrees from King George Medical University, UP, sought to quash the Eligibility Clause 3 (Kha) in the Government Order dated 09/03/2019, which provided domicile preference for MBBS candidates from outside the State of Uttar Pradesh for NEET PG-2019 selection process.
Finding of the Court:
The court found that the eligibility criteria violated the judgments of Dr. Pradeep Jain vs Union of India, Megan Mehrotra vs Union of India, and Nikhil Himthani vs State of Uttrakhand, which held that no preference can be given to candidates on the basis of domicile to compete for the institutional quota of the State if such candidates have done their MBBS course in colleges outside the State.
Issues: The main issue was whether the State can make reservations/preferences on the basis of 'Domicile' of a State for the selection process of NEET PG-2019.
Ratio Decidendi: The court held that the eligibility criteria providing domicile preference violated the judgments of Dr. Pradeep Jain vs Union of India, Megan Mehrotra vs Union of India, and Nikhil Himthani vs State of Uttrakhand, which held that no preference can be given to candidates on the basis of domicile to compete for the institutional quota of the State if such candidates have done their MBBS course in colleges outside the State.
Final Decision: The court quashed Clause 3 (Kha) of the Government Order dated 09/03/2019 and Clause 2 of the eligibility criteria, allowing the parties to proceed with the counseling of the candidates selected through NEET PG 2019 for admission to the State quota of seats of Postgraduate MD/MS/MDS courses based on merit list prepared as per the schedule detailed in the Uttar Pradesh Counseling Brochure.
Alok Mathur, J.
1. Heard Sri Sudeep Seth, learned counsel for the petitioners as well as Sri Rahul Shukla, learned Additional Chief Standing Counsel for respondent no. 1 and Sri Sanjay Bhasin, learned counsel for the respondent no. 2.
2. The petitioners who are qualified doctors possessing degree in Bachelor of Medicine & Bachelor of Surgery (MBBS) from King George Medical University, UP, Lucknow in the year 2017 and have also qualified the online written examination of National Eligibility-cum-Entrance Test, 2019 (hereinafter referred to as "NEET"), have approached this Court seeking a writ, order or direction in the nature of certiorari for quashing the Eligibility Clause 3 (Kha) in the Government Order dated 09/03/2019, as well as Clause 2, whereby in the eligibility criteria, domicile candidates of State of Uttar Pradesh who have obtained admission under All India Quota for MBBS Courses in the Medical Colleges situated outside the State of Uttar Pradesh have been declared to be eligible. The impugned notification is as follows:-
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"The Candidates who are domiciled in the State of Uttar Pradesh and who have obtained admission under 15% All India Quota/AIIMS/Central Government Institutions for MBBS course in the Medical College/Institution situated outside Uttar Pradesh State and who have obtained the degree from a University situated outside the State of Uttar Pradesh will also be eligible for selection process of NEET-PG 2019. Such candidates should submit (i) certificate from the Principal/Dean of respective Medical College stating that the candidate was admitted under 15% All India Quota/AIIMS/Central Government Institutions for MBBS Course and (ii) Candidate's Domicile certificate of Uttar Pradesh State by virtue of residence issued by competent authority."
3. It has also been submitted that the above provision was incorporated in the Counseling Brochure issued by the Director-General, Medical Education and Training, Uttar Pradesh, Lucknow and the same finds mention under the heading "Eligibility for Admission" in Clause 2 of the said brochure.
4. By means of the impugned Government Order dated 09/03/2019 and the counseling brochure, it is provided that the candidates who are domiciled in State of Uttar Pradesh and who have obtained admission under the All India Quota/AIIMS/Central Government Institutions for MBBS course in the Medical College/Institution situated outside the State of Uttar Pradesh, will also be eligible for selections under the NEET PG - 2019, such candidates should submit certificate from the Principal/Dean of respective Medical College stating that the candidate was admitted under All India Quota/AIIMS/Central Government Institutions for MBBS course and the candidate shall submit 'Domicile Certificate' of Uttar Pradesh State, by virtue of residence, issued by competent authority.
5. The contention of the counsel for the petitioners is that by means of the aforesaid Clause - 2, preference has been given to candidates on the basis of 'Domicile' to compete for Institutional Quota of State Government, if such candidate have pursued MBBS course from Medical Colleges situated outside the State of Uttar Pradesh. It has been submitted that t
