Merit cannot be compromised by making reservation on basis of other considerations like residential requirement

Nikhil Himthani v. State of Uttarakhand, (2013) 10 SCC 237
Education and Universities
Professional Colleges/Education
Admission - Postgraduate/Superspeciality courses admission - Admission in MS/MD courses - Merit criterion versus
other considerations - Reiterated, merit cannot be compromised by making reservation on basis of other considerations
like residential requirement, etc. especially in PG courses, (2013) 10 SCC 237-A

Constitution of India
Arts. 14 and 15 - Institutional preference not amounting to discrimination based on domicile, held, is permissible but
present case amounts to discrimination based on domicile, 
Education and Universities
Professional Colleges/Education
Admission - Postgraduate/Superspeciality courses admission - PG admission in Government Colleges of Uttarakhand -
Institutional preference to MBBS pass-outs of said Government Colleges (as per Cls. 1 to 3 of Information Bulletin) -
Whether said institutional preference crosses the limits of Art. 14 r/w Art. 15 of Constitution by making a discrimination on
ground of place of birth - Cl. 1 of Information Bulletin dealing with MBBS pass-outs from Government Colleges of
Uttarakhand prescribing that said candidates admitted to MBBS courses through Uttarakhand State PMT only are
eligible, implying that candidates admitted though All-India PMT (AIPMT) like the petitioner are not eligible - Cls. 2 and 3
of Information Bulletin dealing with MBBS pass-outs from colleges outside State prescribing that said candidates would
be eligible only if they are a domicile of the State of Uttarakhand and selected to MBBS colleges in other States through
AIPMT (as per Cl. 2) or through Uttarakhand State PMT (as per Cl. 3) - As petitioner was a domicile of Delhi, he was
ineligible as per Cls. 2 and 3 - Cls. 1 to 3 of said Information Bulletin, held, are violative of Art. 14 of the Constitution - To
exclude the petitioner from consideration not on the basis of his merit only but on ground that he was not admitted to the
MBBS course through the Uttarakhand PMT would violate his right to equality under Art. 14 of the Constitution -
Therefore, Cl. 1 is violative of Art. 14 - Cls. 2 and 3 are also violative of Art. 14 of the Constitution because no preference
can be given to candidates on the basis of domicile to compete for the institutional quota of the State if such candidates
have pursued their MBBS course in colleges outside the State - If present case would have been mere institutional
preference instead of a discrimination on ground of place of birth, it could have been permissible - But the said Cls. 1 to 3
discriminate on ground of place of birth rather than mere preference to students of institutions concerned - Therefore, the
said discrimination is violative of Art. 14 of Constitution - Therefore, said Cls. 1 to 3 are quashed by which petitioner was
disqualified - Respondents therefore directed to publish a fresh Information Bulletin and redo the said admissions by the
end of August 2013 and also ensure that the colleges in which the students are admitted in said courses hold the
required number of classes as prescribed by MCI, (2013) 10 SCC 237-C
Education and Universities
Professional Colleges/Education
Admission - Admission procedure - Merit - PG admission in Government Colleges of Uttarakhand - Institutional
preference to MBBS pass-outs of said Government Colleges (as per Cls. 1 to 3 of Information Bulletin) - Merit criterion,
whether complied with by said clauses - When the petitioner got admission in Haldwani College, Uttarakhand, it was not
one of the specified colleges of All-India PMT (AIPMT) then (i.e. 2007) nor was it a Government College then - But in
2013, at the relevant time, when institutional preference was given to students of Government Colleges of Uttarakhand,
Haldwani College had been a specified college under AIPMT and also as a Government College listed for institutional
preference for PG admission purpose - Effect - Held, even if at the relevant time the College in which petitioner
completed MBBS was not a Government College, petitioner having qualified in AIPMT was entitled to admission in a PG
course in a Government College - To exclude petitioner from consideration not on the basis of his merit only but on
ground that he was not admitted to the MBBS course through the Uttarakhand PMT would violate his right to equality
under Art. 14 - Therefore, Cl. 1 is violative of Art. 14, (2013) 10 SCC 237-D

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