SC scraps residence-based quota for medical PG admissions; says it must be merit based
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New Delhi: The Supreme Court of India has scrapped domicile-based reservations in PG Medical seats calling it unconstitutional as it violates Article 14 of the Constitution.
The judgment is significant as it establishes that admissions to PG medical courses under state quotas must be solely based on merit, as determined by NEET (National Eligibility cum Entrance Test) scores.
"Residence-based reservation in PG medical courses is clearly violative of Article 14 of the Constitution," pronounced a bench comprising Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice SVN Bhatti.
The bench held that providing for domicile residence-based reservations in admission in PG medical courses within the State quota is constitutionally impermissible, Live Law reported.
The SC said that state quota seats should be filled up on the basis of merit in the NEET exam.
Answering a reference, the three-judge bench stated that it was reiterating the law laid down in the previous judgments in Pradeep Jain, Saurabh Chandra cases.
"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. We have the right to choose residence anywhere in India 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 benefit of reservation in educational institutions, including 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," Justice Dhulia read out the reasoning of the judgment.
However, the bench clarified that the 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 would not be affected.