Domicile based reservation in PG medical courses unconstitutional, rules Supreme Court
The Supreme Court on Wednesday ruled that domicile or residence-based reservation for admissions to the postgraduate medical courses within the State Quota is violative of the right to equality under Article 14 of the Constitution of India.
FollowThe Supreme Court on Wednesday ruled that domicile or residence-based reservation for admissions to the postgraduate medical courses within the state quota is violative of the right to equality under Article 14 of the Constitution of India.
The Bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti observed that the admissions must strictly be based on merit.
"We are all domicile in India and there is no provincial domicile etc. ... This gives us a right to pursue trade across India. Benefit of reservation in education to those who reside in certain areas can be given only in MBBS in some cases. But reservation in higher level on basis of residence is violative of Article 14," the court ruled.
However, the court clarified that today's judgment will not affect reservations already granted under the residence-based category.
The Court passed the ruling on a 2019 reference made by a two-judge Bench.
The legal questions had risen during the hearing of appeals against a decision of Punjab and Haryana High Court in relation to the PG admissions at the Government Medical College and Hospital, Chandigarh.
The High Court had held to be invalid certain provisions made by the medical college in its prospectus, so far as it related to the domicile or residence-based reservation as provided in UT Chandigarh Pool.
Before the Supreme Court, Senior Advocate Nidhesh Gupta led arguments for private respondents who argued that such domicile reservation is impermissible, as was held by the High Court.
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