A group of MBBS and BDS doctors, who challenged the validity of Karnataka government's March, 2019 order mandating 10-year study criterion for candidates for admission to the post graduate seats in private medical colleges, have now questioned before the Supreme Court the state government's 2013 orders that allowed reservation on the basis of domicile requirement in six districts of Hyderabad-Karnataka region.
In an amended writ petition, K Sourabh and others contended that the Karnataka Educational Institutions (Regulations of Admission in Hyderabad-Karnataka Region) order, 2013 and the Karnataka Private Unaided Educational Institutions (Regulations of Admission in the Hyderabad-Karnataka Region) order, 2013 shall operate subject to the Indian Medical Council Act and Regulations framed by the Medical Council India, so far as medical education was concerned.
In their petition filed through advocates Avijit Mani Tripathi and Amit Kumar, the PG aspirants sought a direction to quash both the 2013 orders, which were relied upon by the Karnataka government to defend its eligibility criteria published on March 16, 2019 by the Karnataka Examinations Authority.
A bench presided over by Justice Arun Mishra had earlier asked the petitioners to challenge the 2013 orders.
In their fresh plea, the candidates contended "In the garb of giving reservation for people from backward area of Hyderabad-Karnataka region in educational institutions of that particular area, the state government has provided reservation in admission to post graduate medical and dental courses in the entire state of Karnataka to all persons having minimum 10 year of residence, which is impermissible in law.”
The petitioners have qualified the NEET-PG 2019, after completing their MBBS and BDS courses from Karnataka's medical colleges. The candidates, belonging to other states, who got admission to undergraduate courses in Karnataka colleges on the basis of 15% all-India seats, felt disadvantaged and discriminated with the 2019 notification as they stood to lose chances on admission to 50% institutional preference seats.
They said the state government's reliance upon 2013 orders was an "after-thought" even though those would operate only in medical colleges of Bidar, Kalaburagi, Yadgir, Raichur, Koppal and Ballari, for the residents of only six districts of Hyderabad-Karnataka region.