Domicile-Based Quota in PG Medicine Illegal: SC

Update: 2025-01-29 18:14 GMT
Domicile-Based Quota in PG Medicine Illegal: SC
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New Delhi: The Supreme Court on Wednesday in a significant verdict held that domicile-based reservations in PG Medical seats are unconstitutional for being violative of Article 14 of the Constitution which deals with the right to equality.

A three-judge bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and S.V.N Bhatti delivered the verdict.

Reading out the operative part of the judgment, Justice Dhulia said, “We are all domiciles in India and there is no provincial domicile... This gives us a right to pursue trade across India. Benefits of reservation in education to those who reside in certain areas can be given only in MBBS in some cases. But reservation in higher levels on the basis of residence is violative of Article 14”.

The apex court noted that some degree of domicile-based reservation in undergraduate (MBBS) courses after NEET-UG might be permissible and it categorically stated that this should not extend to PG medical courses due to their specialised nature. The top court held that such reservations would undermine the quality of education and healthcare in India.

The top court clarified that the judgment would not affect any domicile-based reservations that have already been granted for PG medical admissions. Existing policies will remain intact but future admissions in NEET-PG will be governed by the new legal framework.

The verdict came on a reference made by a two-judge bench in 2019, following appeals against a decision by the Punjab and Haryana High Court on PG medical admissions at the Government Medical College and Hospital in Chandigarh.

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