New Delhi: On Wednesday, the Supreme Court ruled that domicile-based reservations in postgraduate (PG) medical courses are illegal because they violate Article 14 of the Constitution.
The decision sets an important precedent, effectively mandating that PG medical admissions under state quota should be determined solely on the basis of merit in the National Eligibility cum Entrance Test (NEET). The three-judge panel, which included justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti, declared that a residence-based quota in postgraduate medical courses is clearly against Article 14 of the Constitution.
The bench categorically declared that state-imposed domicile criteria for admission to postgraduate medical courses are unconstitutional and in violation of the equality guarantee of the constitution.
Article 19 of the Constitution gives every citizen the right to carry on business, reside, and practice any profession anywhere in the country, the bench said. “We are all residents of India. There is no such thing as provincial or state domicile. There is only one domicile here; we are all residents of India.
The court clarified that any kind of domicile-based limitation at the postgraduate level violates the fundamental concept that the Constitution provides the freedom to apply for admission to educational institutions throughout India.
Although the bench acknowledged that a certain amount of domicile-based reserve would be acceptable for undergraduate (MBBS) admissions, it firmly believed that it would be unlawful to apply similar restrictions to postgraduate medical programs, where specialization and competence are crucial. “Considering the importance of specialized doctors in PG medical courses, reservation in higher levels on the basis of residence would be violative of Article 14 of the Constitution,” Justice Dhulia read out from the judgment.
The court granted relief to students who are currently enrolled in or have previously finished their postgraduate medical studies under such schemes, even as it struck down domicile reservations for future admissions. The domicile reservation that has already been granted will not be affected by this court’s decision. In its verdict on a number of petitions arising out of appeals over admission to PG medical courses at the Government Medical College and Hospital, Chandigarh, the bench made it clear that students enrolled in postgraduate programs and those who have already graduated from such residence categories will not be affected.
In Dr. Tanvi Behl (SV) vs. Shrey Goel and Others, a two-judge Supreme Court panel heard appeals against a Punjab and Haryana High Court decision that declared domicile reservations in postgraduate medical admissions to be unconstitutional in 2019.
The Supreme Court’s two-judge panel acknowledged the urgency of the situation and, considering that Chandigarh only has one medical college, sent the case to a bigger bench for a clear decision. The three-judge panel has finally clarified the situation, ensuring that no state can implement difficult residency requirements and that access to postgraduate medical programs continues to be determined by merit.
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