KRITI LAKHINA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Article 32 of the Constitution of India has been filed by 44 Doctors who did their MBBS/BDS Courses from State of Karnataka and have cleared the NEET-PG, 2018 examination with high merit position and are aspiring for admission to Post-Graduate Courses in Karnataka. The principal prayer in the writ petition seeks issuance of an appropriate writ, order or direction quashing Clause 4 of the Information Bulletin jointly issued by Directorate of Medical Education, Government of Karnataka and Karnataka Examinations Authority, Government of Karnataka, Respondent Nos.2 and 3 respectively.

(2.) The Information Bulletin in question lays down, inter alia, conditions for admission to Post-Graduate Medical and Dental Courses in respect of government quota seats in Medical/Dental Colleges in State of Karnataka and was published on the website on 10.03.2018. Relevant portion of Clause 4 of this Information Bulletin deals with eligibility conditions in following terms:

(3.) It is submitted by the petitioners that this Information Bulletin issued by Respondent Nos.2 and 3, to the extent Clause 4.1 thereof imposes a condition of domicile for admission to MD, MS and Post-Graduate Diploma seats in State of Karnataka is invalid and unconstitutional. According to the petitioners said Clause 4.1 arbitrarily and illegally deprives the petitioners who had obtained MBBS/BDS Degrees from the Colleges situated in Karnataka from competing for admission to Post-Graduate Medical/Dental Curses in Government Medical Colleges and against Government quota seats in non-Governmental institutions. Reliance has been placed on the Judgment of this Court in Vishal Goyal and Others v. State of Karnataka and Others, (2014) 11 SCC 456 to submit that the controversy is no longer res-integra and the view taken in Vishal Goyal (supra) ought to have been adhered to by Respondent Nos.2 and 3 while issuing the Bulletin.