On Wednesday, 29th January, the Supreme Court stated that domicile-based reservations in PG medical seats are unconstitutional as they violate Article 14 of the Indian Constitution. The court said that such reservations would be impermissible. The court indicated that the admissions to the students for this course should be given based solely on the National Eligibility cum Entrance Test (NEET).
“Residence-based reservation in PG medical courses is clearly violative of Article 14 of the Constitution,” the three-judge bench comprising justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti said.
The bench stated that providing admissions based on residence-baed reservations would violate the constitutional guarantee of equality and hence, it can’t be allowed. “We are all domiciles in the territory of India. There is nothing like a provincial or state domicile. There is only one domicile. We are all residents of India,” the bench said.
The bench further added that Article 19 of the Constitution states that any citizen of India can reside, trade, and pursue a profession wherever he/she wants. “The Constitution also bestows the right to seek admission in educational institutions across India, and that any form of domicile-based restriction at the PG level disrupts this foundational principle,” the court said.
The bench further stated that reservations for MBBS seats might be allowed, but domicile-based reservations for any specialization course would not be allowed.
“Considering the importance of specialized doctors in PG medical courses, reservation in higher levels based on residence would be violative of Article 14 of the Constitution,” the bench said.
“This judgment will not affect the domicile reservation already granted. Students who are undergoing PG courses and those who have already passed out from such residence category will not be affected,” it added.
