The High Court has upheld the validity of the eligibility clauses for linguistic and religious minority students seeking admission for MBBS and BDS under these quotas. The eligibility conditions include Karnataka domicile and schooling in the state for 10 years. In two separate judgements, the HC said that the criteria specified by the Directorate of Medical Education and Karnataka Examinations Authority were valid.
In one case, student Mylepalle Vaibhavi challenged Clause 2.2, which specifies eligibility for linguistic minorities. The centralise counselling for under-graduate NEET 2018-qualify candidates for admission into MBBS and BDS is conductin as of now.
Vaibhavi claimed that she studied Class 9 and 10 as well as first and second years of PUC in Karnataka. Her mother tongue is Telugu. So her mother shifted to Andhra Pradesh after marriage as her father was in a transferable job. She didn’t considered as a ‘Telugu linguistic minority in Karnataka’ under the clause.
Vaibhavi Claims Before HC
Vaibhavi’s claim before the HC was that the criteria of 10 years of study in Karnataka. Iincluding the passing of 10th and 12th standards were arbitrary and unreasonable and violative of the Constitution. There is also no provision of law which empowers the state to create such criteria. The Advocate General said the State was within its powers to lay down such criteria.
The HC ruled in favour of the government, saying, “Merely that a person was born in a state and his parents are residents of the state. By itself, do not confer on him the status of belonging to a linguistic minority of that state. The state will be within its power to lay down reasonable criteria.”
Even more in the second case, Alan Ryan Lobo challenged the eligibility criteria for religious minorities. He is Christian and was born in Karnataka. Hence, his parents are also residents of Karnataka. But Lobo studied in Dubai from 1st to 12th standard. He considere as belonging to ‘Christian religious minority of Karnataka’. The HC said, “In law, for a person to claim the status of belonging to a religious minority in a state, he shall ordinarily be a resident of that state. Residence does not mean a temporary residence. A reasonable criterion needs to be laid down by the state. To determine as to whether a person can be considered to be a resident of the state for granting the status of belonging to a religious minority in the state. The purpose of admission to undergraduate medical and dental courses in the state.”
Similarly for Linguistic Minority: Applicable for Tamil, Telugu, Kodava and Tulu Karnataka candidates and domicile candidates. Should have studied in the state for 10 years from Class 1 to the qualifying exam and passed SSLC or 2nd PUC from Karnataka.
For Religious Minority: Almost all religious minority candidates of all the states are considered but priority will be given to Karnataka domicile religious minority candidates.
Who studies in Karnataka for 10 years from 1st Standard to the qualifying exam and passed SSLC/10th or 2nd PUC/12th from Karnataka State.