Karnataka PG Medical 2018: SC removes controversial eligibility clause

Somesh S Menon | April 4, 2018 | 07:27 PM IST | 3 mins read

NEW DELHI, APRIL 4 : The Supreme Court of India has directed the Karnataka Examinations Authority (KEA) to remove its recently introduced and hugely controversial eligibility clause as per which non-domicile candidates were barred from admission to MD/MS/MDS/PG Diploma Courses under 50% State Quota in the state’s medical and dental colleges unless they had resided in the state for 10 years.

The order to modify the eligibility criteria was passed on April 4, 2018, by a bench comprising Justices Uday Umesh Lalit and Justice Arun Mishra. The writ petition challenging the criteria had originally been filed on March 12, 2018, by Dr. Kriti Lakhina and others against the state of Karnataka. As per the final judgement passed by the Bench, “State of Karnataka is directed to suitably modify and amend the Information Bulletin in question in keeping with the observations made in the Judgment and re-publish the Calendar of Events in terms of this Judgment and complete the entire process within the timeline stipulated by the concerned regulatory authorities.”

Origin of the controversy

On March 8, 2018, KEA released its information brochure for admission to PG medical and dental courses across the state. In the eligibility criteria section, the authorities made it clear that only those candidates will be eligible to participate in the admission process who have studied/resided in the state for the minimum period of 10 years. The notification further added that if one of the candidates’ parent has studied/resided in Karnataka for the same period, then also they will be eligible. Earlier, all students who had completed their MBBS/BDS course in the state of Karnataka were allowed to appear in the counselling for 50% State Quota seats. Otherwise, those students who had completed their MBBS/BDS from other states but were domiciles of Karnataka were eligible to apply. The introduction of the new ‘Karnataka Origin’ clause meant that now candidates had to qualify both criteria, a rule not present in any other state.

A welcome move for non-domicile candidates

With the introduction of the new clause, the main problem arose for those candidates who had completed MBBS or BDS from Karnataka state but were domiciles of other states as they were suddenly rendered ineligible. This was because most states only accept those candidates under State Quota who have completed MBBS or BDS from an Institution located within that particular state. The new clause rendered candidates ineligible in their home state and Karnataka as well. The only way to get admission to postgraduate medical courses was through the 50% All India Quota seats, which are already less in number. The decision taken by the Supreme Court therefore comes as a boon for non-domicile candidates since they can now participate in Karnataka’s counselling process and do not have to rely on 50% All India Quota seats only.

Karnataka counselling process may be nullified

As stated in the judgement, the KEA is now required to release a new information bulletin. This implies that the admission process which was being conducted till now may now become null and void as the original merit list published by the authorities which mad candidates eligible for document verification and counselling session did not include non-domicile candidates. The authorities had even conducted the first round of counselling until March 29, 2018, but stopped the mock counselling session afterwards as the interim order passed by the apex court on March 27, 2018, issued a stay on all counselling steps scheduled for on or after March 30, 2018.

New schedule for counselling process

The Supreme Court has also asked KEA to release a new schedule and complete the process within the stipulated time, a herculean task for the conducting body since the first round of admission process closes on April 12, 2018. KEA has not released any notice after March 29, 2018, regarding the admission process.

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