Kerala High Court Strikes Down Nativity Clause In Medical Officers Quota For Admission To Post-Graduate Degrees As Unconstitutional

The Kerala High Court has held that a nativity clause which disqualifies non-resident medical officers from applying under the service quota of the Kerala Medical Officers' Admission to Post Graduate Courses Under Service Quota Act is invalid and unconstitutional, adding that the State cannot include any clause in the prospectus that prevents a medical officer under the Act from being considered under any service quota for admission to the Medical Post Graduate Degree Courses based on nativity alone.

“The nativity clause in the instant case discriminates between persons born in the state of Kerala and those born outside the State, and such discrimination falls foul of Article 15(1) of the Constitution” observed the Justice Mohammed Nias.

The petitioner had challenged the nativity clause in the prospectus that prevented him from participating in the medical PG admission on the basis that he is not a native of the State of Kerala. The petitioner asserted that he is qualified as per the provisions of the Act as he is a medical officer in service under the State and that the service quota is meant for such medical officers.

The Kerala Medical Officers' Admission to Post Graduate Courses Under Service Quota Act, 2008, was enacted to provide for a quota of seats among medical officers of the State of Kerala and to have a selection procedure for admission to various Post Graduate Course in the medical colleges under the service quota, considering their service under the Government.

The court allowed the plea in favour of the petitioner and pointed out that the moment the petitioner was selected as a medical officer, his ancestry or place of birth becomes insignificant, and citing that as a reason to reject his place in the selection process would be hit with Articles 14 and 15. The court added that those eligible by the Act could not be prevented from participating due to requirements in the prospectus issued under the same Act.

“To devalue merit at those levels can never be in the interest of the State. The offending clause in the instant case when judged on the touchstone of Articles 14 and 15 of the Constitution of India, the same must be held to be void. Though the classifications can be founded on different bases, there must be a nexus between the basis of classification and the object of the Act under consideration. Article 14 forbids discrimination not only by a substantive law but also by a law of procedure. As stated earlier, the makers of the Constitution make a distinction between the expressions “place of birth” and “domicile”, and they reflect two different concepts” said the court.

“The power of the State to identify the sources for admission cannot extend to violating the constitutional guarantees” it added.

Counsel for Petitioners: Advocates George Varghese, Manu Srinath, Sreelakshmi R Nair and Nimesh Thomas

Counsel for Respondents: Advocates Suman Chakravarthy and PG Pramod, Government Pleader

Case Citation: 2024 LiveLaw (Ker) 170

Case Title: Dr. M. Ganeshkumar v. State of Kerala and ors.

Case Number: WP(C) No. 24607 of 2023

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