a major judgment, the Supreme Court on Wednesday ruled that there will be no domicile-based reservations for postgraduate medical admissions.
The court declared such reservations unconstitutional as they violate Article 14 of the Constitution, which guarantees equality.
“Residence-based reservation in PG medical courses is clearly violative of Article 14 of the Constitution,” pronounced a bench comprising Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti.
“We are all domiciles of India; there is no separate provincial or state domicile. There is only one domicile, and we are all residents of India. We have the right to choose our residence anywhere in the country and pursue trade and profession freely. The Constitution also grants us the right to seek admission to educational institutions across India,” Justice Dhulia stated while reading out the judgment’s reasoning.
The judgment sets an important precedent, ensuring that PG medical admissions under state quotas must be based entirely on merit in the National Eligibility cum Entrance Test (NEET).
The bench acknowledged that some level of domicile-based reservation might be permissible for undergraduate (MBBS) admissions. However, it firmly ruled that applying such reservations to PG medical courses-where specialisation and expertise are crucial-would be unconstitutional.
“Given the significance of specialised doctors in PG medical courses, residence-based reservation at this level would violate Article 14 of the Constitution,” Justice Dhulia added.
Given the significance of specialised doctors in PG medical courses, residence-based reservation at this level would violate Article 14 of the Constitution,” Justice Dhulia added.
However, the bench clarified that the ruling will not impact domicile reservations already granted. Students currently pursuing PG courses and those who have already graduated under such reservations will remain unaffected.
However, the bench clarified that the ruling will not impact domicile reservations already granted. Students currently pursuing PG courses and those who have already graduated under such reservations will remain unaffected.
In 2019, a two-judge Supreme Court bench, in Dr. Tanvi Behl (SV) vs. Shrey Goel and Others, dealt with appeals against a Punjab and Haryana High Court ruling that struck down domicile reservations in PG medical admissions as unconstitutional. Given the significance of the issue, particularly since Chandigarh has only one medical college, the bench referred the matter to a larger bench for a definitive ruling. The three-judge bench has now provided clarity, ensuring that PG medical admissions remain merit-based and that states cannot impose restrictive domicile criteria.