New Delhi: The Supreme Court on Wednesday held that domicile-based reservations in PG medical courses are impermissible. The court declared such reservations as unconstitutional for violating Article 14 of the Constitution. The judgment now makes it mandatory for PG medical admissions under state quotas must be determined solely on merit in the National Eligibility cum Entrance Test (NEET).
“Residence-based reservation in PG medical courses is clearly violative of Article 14 of the Constitution,” pronounced a three-judge bench of the apex court. The bench comprised justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti. The bench unequivocally ruled that state-imposed domicile requirements contravene the constitutional guarantee of equality.
“We are all domiciles in the territory of India. There is nothing like a provincial or state domicile. There is only one domicile. We are all residents of India,” the bench stated, as quoted by Hindustan Times. The judgment highlights that Article 19 of the Constitution grants every citizen the right to reside, trade, and pursue a profession anywhere in the country.
Though the court acknowledged that some degree of domicile-based reservation may be permissible in UG (MBBS) admissions, it categorically mentioned that extending such policies to PG medical programs would be unconstitutional as such courses involve specialisation and expertise of critical nature.
While striking down domicile reservations for future admissions, the court provided relief to students who are currently enrolled or have already completed their PG
The court gave the verdict in a ruling on a bunch of petitions arising out of appeals over admission to PG medical courses at the Government Medical College and Hospital, Chandigarh. In 2019, a two-judge Supreme Court bench, in Dr. Tanvi Behl (SV) vs. Shrey Goel and Others, was confronted with appeals against a Punjab and Haryana High Court ruling that had struck down domicile reservations in PG medical admissions, reports stated.
