FACTS IN BRIEF :- The issue for consideration before the Apex Court in this case was whether admissions to a medical college or any other institution of higher learning situated in a state could be confined to those who had their 'domicile' within the State or those who were resident within the State for a specified number of years or could any reservation in admissions be made for them so as to give them precedence over those who do not possess 'domicile' or residential qualification within the State, irrespective of merit.
ARGUMENTS:- The Petitioners challenged the said policy of admission on the ground of domicile pressing the equality clause as provided for under Article 14, 15, 19 and Art.301 of the Constitution of India. It was argued that the residential requirement as a condition of eligibility for employment or appointment to an office under the State was unconstitutional having regard to the expansive meaning given to the word 'State' in Ramana Dayaram Shetty v. International Airport Authority of India.
The Respondents defended the said policy on the ground that Article 16(2) had no application so far as admissions to an educational institution such as a medical college were concerned. It was argued that what Article 16(2) provided was invalidation of discrimination on ground of place of birth and since the condition in the present case was as regards residence, it was not hit by the said Article.
JUDGMENT:- Dismissing the petition, the Apex Court held that e ach and every kind of discrimination was not a violation of the constitutional concept of equality and did not necessarily undermine the unity of India . The validity of any discrimination was to be tested on the touchstone of Article 14 of the Constitution wherein appropriate classification may form the very core of equality and promote unity in the true sense amidst diversity. Thereby the Court upheld reservation to seats on the grounds of domicile.
FOR COMMON MAN:- The message of the Court in this case is loud and clear. While an arbitrary and irrational discrimination between people shall not be tolerated at any cost, there can be reasonable classification in order to promote equality in true sense of the term. Thus reservation of seats on the grounds of domicile, being meant to promote a particular class of backwards or under-developed area, shall be allowed so as to promote and achieve equality in true sense.
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