M MOHAMMED SULAIMAN Vs. DIRECTOR OF MEDICAL EDUCATION

JUDGEMENT

(1.) By this common order we dispose of two connected Writ Appeals arising from a common impugned judgment passed by the learned Single Judge dated 7th February, 2006 recorded in W.P.(C). Nos. 1590 of 2006 and 2030 of 2006.

(2.) Indian citizens of Kerala origin or those who have been residents of Kerala for a period of at least 8 years alone are eligible to apply for Post Graduate Medical course, qualifying examination of which is M.B.B.S., as per Clause IV(b) of Prospectus, Exhibit P5. The appellants who lost their cause before the learned Single Judge take exception to the clause aforesaid and state that domicile based reservation in Post Graduate courses is wholly impermissible, illegal and unconstitutional. In the context the only question debated before us pertaining to the legality of Clause IV(b) of Prospectus Exhibit P4, the brief facts of the case that need mention would reveal that the petitioners 1 and 2 in W.P.(C). 2090 of 2006, giving rise to Writ Appeal bearing No. 292 of 2006, are residents of Andaman-Nicobar Islands whereas the 3rd petitioner is from State of Haryana. They studied together in Government Medical College, Thrissur and got M.B.B.S. Degree from Calicut University. Whereas petitioners 1 and 2 got admission to M.B.B.S. Course in Kerala State as Central Government nominees, the 3rd petitioner got admission to M.B.B.S. course in Kerala under All India Quota. They successfully completed the five year M.B.B.S. course having passed all the examinations and got M.B.B.S. degree. After obtaining the said degree, they are continuously working and studying to get admission to Medical Post Graduate Course in Kerala. While so, the Director of Medical Education, Kerala, 1st respondent in the Writ Petition, invited applications from interested candidates for admission to Post Graduate Medical Course, 2006. As a part of the same, a Prospectus was published by the 1st respondent stating inter alia the number of seats, eligibility conditions, etc. The last date fixed for receipt of the applications was as 21.01.2006. The petitioners filled their applications in the prescribed form, but the moment they approached the office of the 1st respondent they were informed that their applications would be rejected for the reason that they are not Indian citizens of Kerala origin nor are they residents of Kerala State for the last eight years as stipulated in Prospectus Ext. P5. They challenged Clause IV(b) which reads as follows:--

(3.) Inasmuch as there is no dispute to the facts, it would not be necessary to advert to the pleadings made by the respondents in the counter affidavit. The matter as it appears from the impugned Judgment passed by the learned Single Judge has been exclusively debated and determined on the basis of judicial precedents that govern the field. The learned Single Judge, however, dismissed the Writ Petitions by observing that the judicial precedents referred by the parties in unmistakable terms condemn College-wise reservation and permit reservation based-on domicile.