Joshi D.P vs State of Madhya Pradesh 1955, SC 334

Fact - 

             In this case the rule of State Medical College, under which non-residents where required to pay capitation fee for admission to medical college, while residence of Madhya Pradesh were exempted, was held not violative of article 15(1) as discrimination was based on residence and not on place of birth. Residence and place of birth are two distinct concepts with different connotations.

            Article 15(1) prohibits discrimination on the basis of place of birth but not residence. Article 15(1) of the Indian Constitution provides that the state shall not discriminate against a Citizen on Grounds only of religion, race, caste sex, place of birth or any of them.

Held - 

In this case, Supreme Court held that the classification among the residence and nonresident is just, fair and reasonable not arbitrary, artificial or evasive and there is a relation between the basis of classification and object of the statute.


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