Case Note & Summary
The petitioner, Mylepalle Vaibhavi, a candidate who registered with the Karnataka Examinations Authority for admission to MBBS/BDS courses under the Karnataka State Information Bulletin UG NEET 2018, challenged the validity of the proviso to Clause 2.2 of Chapter 4 of the Bulletin. The proviso required that a candidate must have passed the SSLC/10th standard examination in the State of Karnataka. The petitioner argued that this condition was arbitrary, discriminatory, and violative of Article 14 of the Constitution of India, as it created an unreasonable classification between candidates who passed SSLC in Karnataka and those who passed elsewhere, without any rational nexus to the object of selecting meritorious candidates for medical courses. The respondents, including the Karnataka Examinations Authority and the State of Karnataka, defended the proviso as a reasonable classification to ensure local preference. The court, after hearing arguments, held that the classification based on the place of passing SSLC is not a reasonable classification and is ultra vires Article 14. The court quashed the proviso and directed the respondents to consider the petitioner's application for admission without reference to the impugned proviso. The judgment was delivered orally by Justice H.G. Ramesh on 12 July 2018.
Headnote
A) Constitutional Law - Right to Equality - Article 14 of the Constitution of India - Reasonable Classification - The proviso requiring candidates to have passed SSLC/10th standard examination in Karnataka for MBBS/BDS admission was challenged as arbitrary and discriminatory. The court held that the classification based on place of passing SSLC is not a reasonable classification and is violative of Article 14, as it bears no nexus to the object of selecting meritorious candidates for medical courses. (Paras 1-5) B) Education Law - Admission to Medical Courses - Eligibility Criteria - Karnataka State Information Bulletin UG NEET 2018 - The court quashed the proviso to Clause 2.2 of Chapter 4, which imposed a condition that candidates must have passed SSLC/10th standard in Karnataka. The court directed the respondents to consider the petitioner's application for admission without reference to the impugned proviso. (Paras 1-5)
Issue of Consideration
Whether the proviso to Clause 2.2 of Chapter 4 of the Karnataka State Information Bulletin UG NEET 2018, which requires a candidate to have passed SSLC/10th standard examination in the State of Karnataka, is violative of Article 14 of the Constitution of India.
Final Decision
The writ petition is allowed. The proviso to Clause 2.2 of Chapter 4 of the Karnataka State Information Bulletin UG NEET 2018 is quashed. The respondents are directed to consider the petitioner's application for admission to MBBS/BDS courses without reference to the impugned proviso.
Law Points
- Article 14
- Constitution of India
- Reasonable Classification
- Educational Eligibility
- Domicile Requirement
- Ultra Vires
