By Rounak Khare
On Wednesday, 29th January 2024, the Supreme Court held that domicile-based reservation for the postgraduate admissions for medical courses is impermissible, as it would be in direct violation of the ‘Right to Equality’ under Article 14 of the Indian Constitution.
The Supreme Court held that the state quota seats are to be filled up on the basis of merit in the NEET-PG examination. Answering a reference, the bench stated that they are reiterating the law laid down in the previous judgements from the cases of Pradeep Jain v. Union of India and Saurabh Chaudhri v. Union of India.
The Court delivered this judgement in appeals against a judgement of the Punjab and Haryana High Court, wherein the court had struck down residence-based reservation for PG medical courses in Government Medical College, which is located in Chandigarh.
The judgement stated that the benefit of reservation in educational institutions, including medical colleges, for residents of a particular state can be given to a certain degree only in MBBS courses. “Considering the importance of specialised doctors in PG medical courses, reservation in higher levels on the basis of residence would be violative of Article 14 of the Constitution,” said the judgement.
The three-judge bench consisted of Justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti. Justice Dhulia read out the reasoning behind the judgement, stating that we are all domiciled in the territory of India and that we are all residents of India. “Our common bond as citizens and residents of one country gives us the right not only to choose our residence anywhere in India but also gives us the right to carry on trade & business or a profession anywhere in India,” Justice Dhulia stated in the reasoning.
The bench clarified that the domicile-based admissions that have already been granted will not be affected by this ruling. Students who are currently undergoing PG medical courses and who have passed out from such domicile categories will also not be affected.