New Delhi: The Supreme Court on Wednesday (January 29) held that domicile-based reservations in Post-Graduate medical courses on the basis of residence would be violative of Article 14 of the Constitution and is constitutionally impermissible.
A bench comprising Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice SVN Bhatti held this while delivering a verdict on a bunch of appeals filed over admission to the Post-Graduate medical course at Government Medical College and Hospital, Chandigarh.
Matter was referred to larger bench
The matter was referred to the three-judge bench by a two-judge bench on an appeal filed against the Punjab and Haryana High Court order, which struck down domicile reservations in PG medical admissions, saying it as unconstitutional.
The bench said that there is nothing like a provincial or state domicile and there is only one domicile and we all are residents of India and 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.
What did the apex court say?
“The admissions must strictly be based on merit. We are all domiciles in the territory of India. There is nothing like a provincial or state domicile. There is only one domicile. We have the right to choose residence anywhere in the country and to carry out trade and profession anywhere in the country. Constitution also gives us the right to choose admission in educational institutions across India,” the bench said.
“The benefit of reservation in educational institutions, including reservation in medical colleges, for those who reside in a particular state can be given to a certain degree only in MBBS courses. But 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,” the bench added.
Verdict will not affect reservations already granted
The bench, however, made it clear that the verdict will not affect reservations already granted or those who are pursuing the course under residence category.
“This will not affect reservations already granted or are pursuing the course under residence category. Thus they will not be affected,” the bench said.
