Kerala High Court Strikes Down Unconstitutional Nativity Clause in Medical College Admissions
Last Updated on March 13, 2024 by News Desk
The Kerala High Court has ruled that a nativity clause in the Medical College, Palakkad prospectus, is unconstitutional, as it restricted admissions to postgraduate medical courses under the service quota to only doctors born in Kerala.
Justice Mohammed Nias CP ruled that:
The nativity clause violated Article 15(1) of the Constitution, which prohibits discrimination against any citizen on grounds of religion, race, caste, sex, place of birth, etc.
The Kerala government directly administers the Medical College, Palakkad, where an MBBS graduate from Tamil Nadu was employed as a permanent medical officer. The petitioner filed the case that led to the ruling.
According to the nativity clause, only Indian nationals of Kerala State are eligible to apply, and candidates who are the sons or daughters of non-Kerala residents must have earned an MBBS from a Kerala medical college.
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. However, due to the nativity clause in the prospectus, he was unable to participate in the selection process.
The court ruled that such discrimination on the basis of one’s place of birth falls foul of the Constitution, and the actions of the government were thus clearly unconstitutional. The court struck down the nativity clause and declared that no such clause could be included in the prospectus.
