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The Kerala High Court has declared unconstitutional a nativity clause that limited admissions to postgraduate medical courses under the service quota to doctors born only in Kerala. Justice Mohammed Nias CP ruled that the nativity clause contravened Article 15(1) of the Constitution, which prohibits discrimination based on factors such as religion, race, caste, sex, place of birth, etc. The court stated, "The nativity clause in this case discriminates against individuals born in Kerala compared to those born outside the state, thus violating Article 15(1) of the Constitution." The court proceeded to invalidate the clause and affirmed that the State is prohibited from including any such provision that excludes medical officers born outside Kerala from consideration under the service quota for postgraduate medical courses in the state. "The clause 4.2 of Ext.P9 prospectus (Nativity clause), which disqualifies the petitioner or other medical officers from applying under the service quota of the Act, is hereby declared invalid and unconstitutional, and therefore null and void. It is further declared that the State is not permitted to introduce any clause in the prospectus that bars a medical officer under the Act solely based on nativity from being considered for admission to Medical Post Graduate Degree Courses under any service quota," the judgment issued on March 7 stated. The judgment stemmed from a petition filed by an MBBS graduate originally from Tamil Nadu. Despite holding a permanent medical officer position at the Kerala government-administered Medical College in Palakkad, he was barred from participating in post-graduate medical course admissions due to the nativity clause in the prospectus. This clause mandated that only Indian citizens of Kerala origin could apply, and candidates with non-Kerala parents had to obtain their MBBS degree from a Kerala medical college. The Court observed that according to the Kerala Medical Officers' Admission to Post Graduate Courses Under Service Quota Act, 2008, and the Kerala Medical Officers' Admission to Post Graduate Medical Courses Under Service Quota Rules, 2009, the petitioner met the eligibility criteria for consideration under the service quota for medical officers. The Court found that solely due to the nativity clause in the prospectus, the petitioner was unable to participate in the selection process, a form of discrimination that the Court deemed unconstitutional based on one's place of birth. The Court emphasized that such discrimination, applied after the petitioner had already been appointed as a Medical Officer without any birthplace restrictions, violated Articles 14 and 15 of the Indian Constitution. The Court concluded that what was permitted by the 2008 Act could not be revoked by the prospectus issued under its provisions, thus deeming the government's actions unconstitutional. Consequently, the nativity clause was struck down, and the Court declared that no such clause could be included in future prospectuses. Advocates George Varghese, Manu Srinath, Sreelakshmi R Nair, and Nimesh Thomas represented the petitioner, while Government Pleader PG Pramod appeared for the State.