M. GANESHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a graduate of the MBBS course from Dr MGR Medical University, Chennai, is a permanent Medical Officer working in the Department of General Medicine, Medical College, Palakkad, which the SC-ST Department, Government of Kerala, directly administers. He is a native of Tamil Nadu and has filed this writ petition challenging the nativity clause 4.2 in Ext.P9 Prospectus, which prevents the petitioner's participation in the Medical PG admission under the service quota as he is not a native of the State of Kerala.

(2.) The petitioner submits that, though, under the provisions of Act 29 of 2008, the petitioner is qualified. The relevant clause in the prospectus, viz. 4.2 bars him from applying as his native place is in Tamil Nadu. The petitioner had earlier approached this Court challenging the restrictions in the prospectus, which this Court directed the government to consider in Ext.P5 judgment, pursuant to which Ext.P6 order is passed, which is challenged in this writ petition.

(3.) The reason given in Ext.P6 is that on account of the provision in the prospectus, which disables persons like the petitioner who are natives of other States, as allowing them would enable those from Tamil Nadu to get admissions in the State of Kerala. If such students are admitted here, the less meritorious Kerala students will not get admission, which, Ext.P6 says, is a "cruelty". It is also stated that students who get admission in the service quota category/other students of completed MBBS from Institutes like AIIMS from outside Kerala will not perform compulsory service in Kerala, and if nativity condition is relaxed, the objectives of the same will be defeated. It is also stated that the issue of inclusion of the Lecturers in IIMS Palakkad under the service quota for Medical PG Admission for the Academic year 2022-2023 is pending before the Supreme Court.