The Court noted that as per the provisions of the Kerala Medical Officers’ Admission to Post Graduate Courses Under Service Quota Act, 2008, and the Kerala Medical Officers’ Admission to Post Graduate Medical Courses Under Service Quota Rules, 2009, the petitioner was eligible to be considered under the service quota for medical officers.
It is only because of the nativity clause in the prospectus that he was unable to participate in the selection process, the Court found.
The Court said that such discrimination on the basis of one’s place of birth falls foul of the Constitution.
“After he was appointed as a Medical Officer, which did not have any restriction as to the place of birth, and which could not have, citing the place of birth as a reason after he became a Medical Officer to deprive of his chance to participate in the selection process was hit by Articles 14 and 15 of the Constitution of India….What is permitted by the Act of 2008 could not have been taken away by the prospectus issued under the provisions of the said Act. The actions of the Government are thus clearly unconstitutional“, the Court held.
It accordingly struck down the nativity clause and declared that no such clause can be included in the prospectus.
Source: Barandbench
