HIMMANI GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioners have done their Bachelor course of Ayurvedic Medicine and Surgery (hereinafter referred to as 'B.A.M.S.') from an institute in Uttarakhand. However, when the petitioners sought admission in a Post -Graduate Ayurvedic Medical course, the candidatures of the petitioners was considered as an "outsider" candidate and not as a "insider" candidate as there is a condition mentioned in Clause (ii) of the information Brochure in which it is provided that only such those candidates will be given the admission under the quota of State of Uttarakhand (i.e. as an "insider"), who have their domicile in Uttarakhand!

(2.) ADMITTEDLY , Dr. Himani Gupta and Dharmendra Kumar (the two writ petitioners above), are permanent residents of Delhi and Uttar Pradesh respectively. However, once the petitioners have already done their graduation from an institute in Uttarakhand, they cannot be considered outsider for a Post -Graduation course, the petitioners contend.

(3.) HOWEVER , it is not a case where petitioners participated in a "selection process" in the manner in which it is contemplated. Here the very "exclusion" of the petitioners is on a complete misreading and misapplication of the principle of "domicile".