Residence-based eligibility criteria for postgraduate medical admissions are unconstitutional as they violate Articles 14, 15, and 19 of the Constitution, undermining equality of opportunity.

ORDER

This petition has been filed challenging the prospectus issued by the third respondent insofar as its clause 5(b) & (c), thereby fixing residence/domicile and place of study of MBBS including internship training as eligibility criteria for getting admission to post graduate degree/diploma course for the academic year 2023-2024 sessions and the clarification note dated 07.07.2023 issued by the third respondent and consequential provisional rank list dated 27.07.2023 published by the third respondent insofar as the rank list published for in- service candidates alone.

2. The petitioner is a resident of Puducherry and she had completed her medical degree in the year 2016 in Indira Gandhi Medical College and Research Institute, Puducherry. Thereafter she was appointed as Assistant Surgeon (General) in Arasamangalam Primary Health Centre,Villupuram, by way of direct recruitment under unresearved category based on her merit. After completion of five years and four months service, she had appeared for the National Eligibility cum Entrance Examination-Post Graduate (hereinafter referred to as “NEET- PG), 2023 conducted by National Board of Examinations in Medical Science for the academic year 2023-2024 and secured 404 marks out of 800 marks. She had applied for admission to PG degree under Open Category in Tamil Nadu Government Medical Colleges and Government seats in Self Financing Medical Colleges 2023-2024 sessions conducted by the third respondent.

3. On 22.07.2023, the third respondent had published provisional rank list for the PG degree/diploma courses and the petitioner's name was not found in the rank list. As per G.O.(Ms)No.86 dated 06.03.2019, the petitioner is entitled for 5% of service incentive marks. Therefore, totally she secured 505 marks. But the selection list contained the names of the candidates who had scored lesser than the petitioner. On enquiry, the petitioner was informed that as per Clause 5 (b) & (c) of the prospectus of the year 2023-2024, only the candidates, who are natives of Tamil Nadu and who have undergone MBBS/BDS Course including internship period either in the State of Tamil Nadu or outside Tamil Nadu are eligible to apply for government quota PG seats along with nativity certificate in government and self financing institutions. Since, the petitioner had studied MBBS course in Indira Gandhi Medical College and Research Institute, Puducherry, the candidature of the petitioner was not considered for the PG degree. The petitioner also pointed out that some of the candidates who completed their medical under graduate degree in Puducherry have gotten selected under the Tamil Nadu service quota. In fact, in all previous years, there was not such clause in the prospectus and only in the academic year 2023-2024, such clause has been inserted by fixing residence and place of study as criteria. Hence, the petitioner filed the present writ petition with the above prayer.

4. The learned counsel appearing for the petitioner submitted that it is in clear violation of Article 14 of the Constitution of India . It is also contrary to the dictum laid down by the Hon'ble Supreme Court of India in several cases. He further submitted that in order to apply in the Open Category, it is not necessary that the candidate should be a resident of Tamil Nadu and even a non-resident of Tamil Nadu can compete under the Open Category. The nativity should be looked into only when the candidate claims reservation under a particular category.

4.1 In this regard, the learned counsel appearing for the petitioner relied upon the judgment of the Hon'ble Supreme Court of Ind