NEET PG Admission: In a landmark ruling on January 29, the Supreme Court of India declared domicile-based reservations for postgraduate (PG) medical courses unconstitutional, stating that such practices violate Article 14 of the Constitution, which guarantees the right to equality.
A three-judge bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti asserted that state quota seats must be filled solely based on merit as determined by the National Eligibility cum Entrance Test (NEET).
The court emphasised that residence-based reservations in PG medical admissions are impermissible, highlighting that “we are all domiciles in the territory of India. There is nothing like a provincial or state domicile. There is only one domicile.”
The ruling clarified that while some degree of residence-based reservation might be acceptable for undergraduate courses like MBBS, it is not permissible for higher-level PG courses due to the critical need for specialised doctors.
The Supreme Court bench further noted that the Constitution allows citizens the right to choose their residence and seek educational opportunities anywhere in India.
This SC ruling stems from appeals against a Punjab and Haryana High Court decision that had previously struck down domicile reservations as unconstitutional.
What did SC say in its ruling?
“We are all domiciled in the territory of India. We are all residents of India. Our common bond as citizens and residents of one country gives us the right not only to choose our residence anywhere in India but also gives us the right to carry on trade & business or a profession anywhere in India,” LiveLaw quoted Justice Dhulia as saying.
“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 added as reasoning for the judgement.
Does SC ruling affect current students under domicile quota?
The Supreme Court’s decision will not retroactively affect existing domicile reservations already granted to students currently enrolled in PG courses or those who have graduated under such criteria.
Domicile-based reservation in postgraduate (PG) medical courses refers to the practice of granting preferential admission to students based on their state of residence.
Reservations only permissible in MBBS courses: SC
While the Supreme Court acknowledged that some degree of domicile-based reservation in undergraduate (MBBS) courses after NEET UG might be permissible, 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.