Case: DR. KRITI LAKHINA Vs. THE STATE OF KARNATAKA

2. The Information Bulletin in question lays down, inter alia, conditions for admission toMedical and Dental Courses in respect of government quota seats in Medical/Dental Colleges in State of Karnataka and was published on the website on 10.03.2018. Relevant portion of Clause 4 of this Information Bulletin deals with eligibility conditions in following1 ELIGIBILITY for Government seats (G) &GMP seats: A candidate who fulfills the following criteria is eligible to appear for the online seat allotment process, namely:? He/she is a citizen of India, who is of Karnataka Origin and has studied MBBS or BDS degree in a Medical or Dental College situated in Karnataka or outside Karnataka and affiliated to any University established by law in India recognized by Medical Council of India or Dental Council of India and Government of India and has qualified in the NEET (NationalTest) for admission to post graduate medical or dental degree/diploma courses. Note: Children for the purpose of the rule means natural born son/daughter and not adopted son/daughter and not grandson/grand daughter. Explanation: A candidate of Karnataka Origin: means, a candidate found eligible under clause A or B below.(Clause A) i) A candidate who has studied and passed in one or more Government or Government recognized, educational institutions located in the State of Karnataka for a minimum period of TEN academic years as on the 31 st March, 2018, commencing for 1 st standard to MBBS/BDS and must have appeared and passed either SSLC/10 th standard or 2 nd PUC/12 th standard examination from Karnataka State. In case of the candidate who has taken more than one year to pass a class or standard, the year of academic study is counted as one year only (Document to be produced)(Clause B) ii) The candidate should have studied and passed 1 st and 2 nd yearExamination or 11 th or 12 th standard examination within the State of Karnataka from an Educational Institution run or recognized by the State Government or MBBS/BDS from a professional educational institution located in Karnataka and that either of the parents must have studied/resided in Karnataka for a minimum period of 10 years. (Documents to be produced)?

Reasoning:
14. Paragraphs 13 and 15 of the Judgment of this Court in Vishal Goyal (supra) are clear that the Information Bulletin fordid not actually give institutional preference to students who had passed MBBS/BDS from Colleges or universities in State of Karnataka but made some of them ineligible to take the entrance test for admission to PostGraduate Medical or Dental Course in State of Karnataka and that said clause was held ultra vires Article 14 of the Constitution and declared null and void. The relevant clause under consideration, namely, Clause 4.1 of the Information Bulletin foris identical in substance to the one that was considered in Vishal Goyal (supra). The matter is thus no longer resintegra and is completely covered by the decision in Vishal Goyal (supra). In the circumstances, we respectfully follow the decision of this Court in Vishal Goyal (supra) and hold Clause 4.1 of the Information Bulletinwhich was published on the website on 10.03.2018 to be invalid to the extent it disqualifies petitioners and similarly situated candidates who completed their MBBS/BDS Degree Courses from colleges situated in Karnataka from competing for admission toMedical/Dental Courses in Government Medical Colleges and against government quota seats in