AILET (All India Law Entrance Test) Legal-Aptitude: Questions 122 - 122 of 152

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Question number: 122

» Law: Nature and Classification

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Appeared in Year: 2016

MCQ▾

Question

LEGAL PRINCIPLE: Clause (1) of Article 15 of the Constitution of India prohibits the State from discriminating between citizens on the ground only of religion, race, caste, sex, place of birth or any of them.

FACTUAL SITUATION: The admission Rules of an Engineering College located in XYZ State of India provided that no capitation fee shall be charged from the residents of the XYZ State but the non-residents shall be required to pay capitation fee. Whether the Rules are violative of Article 15 (1) of the Constitution?

Choices

Choice (4)Response

a.

Yes, because Article 15 (1) prohibits discrimination between citizens on the ground only of religion, race, caste, sex, place of birth and the provision suffers from causus omissus and “place of residence” is inadvertently omitted.

b.

Yes, because Article 15 (1) prohibits discrimination on the basis of place of birth which impliedly includes place of residence.

c.

Yes, because Article 15 (1) prohibits discrimination between citizens on the ground only of religion, race, caste, sex, place of birth or any of them.

d.

No, because Article 15 (1) does not prohibit discrimination based on the place of residence.

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