SC rules against domicile-based Reservation in PG Medical Seats
29-Jan-2025 04:33 PM 8398
New Delhi, Jan 29 (Reporter) The Supreme Court on Wednesday declared that domicile-based reservation for postgraduate (PG) medical seats was unconstitutional, as they violate Article 14 of the Constitution. A bench comprising Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti held that providing residence-based quotas for admissions within the State quota in PG medical courses is impermissible under constitutional law. "Residence-based reservation in PG medical courses is clearly violative of Article 14 of the Constitution," the bench observed. The Court emphasized that State quota seats must be filled purely based on merit in the NEET exam. Referring to previous judgments in the Pradeep Jain and Saurabh Chandra cases, the bench reiterated that a unified approach to domicile is essential for maintaining the constitutional framework. "We are all domiciles in the territory of India. There is nothing like a provincial or state domicile. We are all residents of India. The Constitution gives us the right to choose residence anywhere in the country and seek admission to educational institutions across India," Justice Dhulia stated, reading the judgment's rationale. The bench clarified that while domicile-based reservations may be allowed to some degree in MBBS courses, they are unconstitutional for PG medical courses due to the critical need for specialized doctors at higher levels. However, the Court assured that the judgment would not affect students who have already been granted domicile-based reservations. Those currently pursuing or who have already completed PG courses under such reservations will remain unaffected...////...
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