New Delhi: The Supreme Court has held that it is permissible for a state government to lay down the essential educational requirements, residential/domicile in a particular State in respect of basic courses of MBBS/BDS/Ayurvedic and it is not violative of Article 14 of the Constitution (right to equality). Giving this ruling on Friday, a batch of petitions a Bench of Justices Arun Mishra and Abdul Nazeer said the object sought to be achieved is that the incumbent must serve the state concerned and for the emancipation of the educational standards of the people who are residing in a particular state.
Writing the judgement Justice Misra upheld such reservation for the inhabitants of the state and prescription of the condition of obtaining an education in a state. The Bench dismissed petitions challenging a rule provided by Assam, which required that a candidate must study in all the classes from Class VII to XII in Assam and must pass the qualifying examination or its equivalent examination from any Institute situated in the Assam. The exception has been carved out in case father or mother is posted outside Assam as an Assam state government employee or Central government employee.
The Bench said lawmakers couldn’t shut their eyes to the local needs also. The local needs must receive due consideration keeping in view the duties of the state contained in Articles 41 and 47 of the Constitution. The reservation by institutional preference is not ultra vires Article 14. It said the hardship of a few couldn’t be the valid basis for determining the validity of any statute. They can stake claim for All India Quota Seats for the State of Assam with respect to open seats and the exclusion is not total for them.
