PG Medical Admissions: In a major move, the Supreme Court today declared domicile-based reservation for PG medical admissions unconstitutional and struck it down, saying it violates the right to equality.
A three-judge bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and S.V.N. Bhatti said admissions should be based only on merit. However, the court clarified that the decision will not affect residence-based reservation already implemented by the states.
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PG Medical Admissions: Residency in India is National, Not Provincial
The Supreme Court said, “Domicile-based reservation in PG medical courses is clearly violative of Article 14 of the Constitution. We all reside in the territory of India. There is no such thing as provincial or state residency. There is only one residence. We are all residents of India. We have the right to choose residence anywhere in India and to engage in trade and professions anywhere in the country. The Constitution also gives us the right to choose admission in educational institutions across India.”
Reservation May Be Allowed in Certain Cases: SC
Additionally, the court said that students residing in particular states can be given reservation up to a certain limit in MBBS courses, but no such reservation will be given for PG medical courses. The three-judge bench clarified that this decision will not affect the domicile-based reservation already in place.
“Residents of a particular State can avail reservation in medical colleges and other educational institutions, but only to a limited extent in MBBS courses. However, considering the importance of specialist doctors in PG medical courses, allowing high-level reservation on the basis of residence would be violative of Article 14 of the Constitution,” the verdict said.
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