DR. KRITI LAKHINA AND OTHERS versus STATE OF KARNATAKA AND OTHERS

Citation: [2018] 3 S.C.R. 517 · Decided: 04-04-2018 · Supreme Court of India · Bench: ARUN MISHRA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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DR. KRITI LAKHINA AND OTHERS
v.
STATE OF KARNATAKA AND OTHERS
(Writ Petition (Civil) No. 204 of 2018)
APRIL 4, 2018
[ARUN MISHRA AND UDAY UMESH LALIT, JJ.]
Education/Educational Institutions: Medical education –
Admission to Post Graduate courses – Clause 4 of the Information
Bulletin issued by Directorate of Medical Education, Government
of Karnataka and Karnataka Examinations Authority, Government
of Karnataka – Imposition of condition of domicile for 10 years in
Karnataka, for admission to MD, MS and Post-Graduate courses
in respect of 50% government quota seats in Medical/Dental
Colleges in the State of Karnataka – Writ petition by doctors who
did their MBBS/BDS Courses from State of Karnataka and have
cleared the NEET-PG, 2018 examination, aspiring for admission to
Post-Graduate Courses in Karnataka, seeking quashing of clause
4 as invalid – Held: Clause 4.1 of the Information Bulletin (PGET-
2018) is invalid to the extent it disqualifies petitioners-doctors and
similarly situated candidates who completed their MBBS/BDS Degree
Courses from colleges situated in Karnataka from competing for
admission to Post-Graduate Medical/Dental Courses in Government
Medical Colleges and against government quota seats in non-
governmental institutions – Issuance of direction to the State of
Karnataka and other respondents to suitably modify and amend
the Information Bulletin – Constitution of India – Art. 32.
Vishal Goyal and Others v. State of Karnataka and
Others (2014) 11 SCC 456 – relied on.
Dr. Pradeep Jain and Others v. Union of India and
Others (1984) 3 SCC 654 : [1984] 3 SCR 942; Saurabh
Chaudri and Others v. Union of India and Others (2003)
11 SCC 146 : [2003] 5 Suppl. SCR 152; Magan
Mehrotra and Others v. Union of India and Others
(2003) 11 SCC 186; Nikhil Himthani v. State of
Uttarakhand and Others (2013) 10 SCC 237 : [2013]
[2018] 3  S.C.R. 517
517
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SUPREME COURT REPORTS
[2018]  3 S.C.R.
14 SCR 23; D.P. Joshi v. State of Madhya Bharat and
Another AIR 1955 SC 334 : [1955] 1 SCR 1215;
Kumari N. Vasundara v. State of Mysore and Another
(1971) 2 SCC 22 : [1971] Suppl. SCR 381; Minor P.
Rajendran v. State of Madras and Others [1968] 2 SCR
786; Minor A. Peeriakaruppan v. State of Tamil Nadu
and Others (1971) 1 SCC 38 : [1971] 2 SCR 430;
D. N. Chanchala v. The State of Mysore and Others
(1971) 2 SCC 293 : [1971] Suppl SCR 608;
Dr. Jagadish Saran and others v. Union of India (1980)
2 SCC 768 : [1980] 2 SCR 831; Fraz Naseem v. Union
of India (2014) 11 SCC 453 – referred to.
Case Law Reference
[1984] 3 SCR 942
referred to
Para 7
[2003] 5 Suppl. SCR 152
referred to
Para 7
(2003) 11 SCC 186
referred to
Para 7
[2013] 14 SCR 23
referred to
Para 7
[1955] 1 SCR 1215
referred to
Para 8
[1971] Suppl. SCR 381
referred to
Para 11
[1968] 2 SCR 786
referred to
Para 11
[1971] 2 SCR 430
referred to
Para 11
[1971] Suppl SCR 608
referred to
Para 11
[1980] 2 SCR 831
referred to
Para 11
(2014) 11 SCC 453
referred to
Para 13
(2014) 11 SCC 456
relied on
Para 14
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
204 of 2018.
Under Article 32 of the Constitution of India.
Amarendra Sharan, Basava Prabhu S. Patil, Sr. Advs., Amit
Kumar, Shaurya Sahay, V. N. Raghupathy, Chinmay Deshpande,
Ms. Ruchita Hiramath, Parikshit Angadi, Geet Ahuja, Gaurav Sharma,
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Dhawal Mohan, Prateek Bhatia, Ms. Mansi Sharma, H. Chandra Sekhar,
Ms. Rekha Patil, Ranjay Kr. Dubey, Ms. Priya Puri, Swatantra Rai,
Ms. Vijaya Laxmi, Advs. for the appearing parties.
The Judgment of the Court was delivered by
UDAY UMESH LALIT, J. 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
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