New Delhi: In a major ruling, the Supreme Court on Wednesday said that residence-based reservations for postgraduate (PG) medical seats are unconstitutional, violating Article 14 of the Constitution, LiveLaw has reported.
This decision is set to impact students aspiring for PG medical admissions across the country. The top court said that seats under the state quota must be filled based solely on merit derived from the NEET exam.
Importantly, the bench clarified that this judgment will not affect the domicile reservations that have already been granted. Students currently enrolled in PG courses or those who have graduated under the residence category will not be impacted by this ruling.
A bench consisting of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti said, “Residence-based reservation in PG medical courses is clearly violative of Article 14 of the Constitution.”
“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 countrym,” LiveLaw quoted the bench as saying.
As per the report, the bench further said that the Constitution supports the right to seek admission in educational institutions throughout India.
Justice Dhulia said that while some degree of domicile-based reservation might be permissible for MBBS courses, the need for specialized doctors in PG medical courses necessitates a merit-based approach.
“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,” he said.
