Supreme Court NO to interfering with Kerala Nativity Criterion for medical admissions

Kerala: The Supreme Court denied intervention in a petition alleging Pinarayi Vijayan-led LDF government in Kerala insisting on 100 % nativity, as a pre-condition for medical admissions. This criterion, the petition, claimed is interfering in the minority-run, private and unaided professional institutions fundamental rights to manage their own affairs and reach out to the central counseling student list.

A Vacation Bench of Justices Mohan M. Shantanagoudar and L. Nageswara Rao refused to put a stay on the Kerala Government’s nativity criterion for admission to medical courses.

The court as responding to a petition filed by K.M. Navas, Kozhikode-based KMCT Medical College ’s, executive trustee, represented by senior advocate, Jayant Bhushan.

Mr. Bhushan contended that compelling of reservations on the part of the state in the name of nativity or SC/ST in private, unaided, minority professional institutions were not allowed. “I have an authority to say how I want to run my institution. How can they (State) impose 100% nativity... I should be permitted to take students from all over India,” Mr. Bhushan stated on behalf of the KMCT.

Though the Bench agreed with the validity of the statement, it refused to interfere and allowed the college the freedom to approach the State High Court.

“We cannot permit it... you (college) cannot access central counseling. The norm is that seats outside the Central quota go to the State quota. For State quota seats, State conducts the counseling. But you want to do counseling straight from the Central counseling list... That will amount to violence on the scheme,” Justice Rao observed.

Medical Council of India regulations call for compulsory 15% seats in undergraduate courses and 50% in postgraduate courses in State colleges under the all-India quota.

KMCT argued that the nativity hampered the freedom of private unaided minority institutions, under Article 30 (1), to admit students from other States.

The petition said the nativity criterion limited the institution's rights of equal treatment and opportunity by allowing access to State counseling alone in the filling of seats reported the Hindu.