SC Scraps Domicile-based Quota For NEET PG Admissions, Check The Details

The apex court clarifies that the verdict will not affect any domicile-based reservations that have already been granted prior to the judgment.
SC Scraps Domicile-based Quota For NEET PG Admissions, Check The Details

NEW DELHI: The Supreme Court of India has ruled that domicile-based reservation for admissions to post-graduate (PG) medical courses under the state quota is unconstitutional, saying that it infringes upon the Right to Equality guaranteed under Article 14 of the Constitution.

The judgment, delivered by a three-judge bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti, struck down the state quota, stating that residence-based reservations in PG medical courses violate the fundamental principles of equality.

Key takeaway from the SC verdict

The apex court said that the practice of domicile-based reservation in PG medical admissions is against the Right to Equality guaranteed under Article 14 of the Indian Constitution.

Justice Dhulia, reading out the operative part of the judgment, emphasised that all Indian citizens are entitled to a single domicile — that of India. Citizens have the right to reside anywhere in the country, practice any profession and seek educational opportunities anywhere without restrictions.

While the Supreme Court acknowledged that some degree of domicile-based reservation in undergraduate (MBBS) courses after NEET UG might be permissible, it stated that this should not be given for PG medical courses due to their specialised nature. It held that such reservations would undermine the quality of education and healthcare in India.

“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.

‘No retroactive effect’

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

The judgment came on a reference made by a division bench which raised certain questions arising during the hearing of appeals against a Punjab and Haryana High Court decision on admissions in Government Medical College and Hospital, Chandigarh.

The High Court held as invalid certain provisions made by the medical college. The process of admissions to PG medical course in the college began on March 28, 2019 and it had 64 PG seats in the state quota.

The seats falling under the state quota were reserved either for the “residents” of Chandigarh or those who did their MBBS from the same college. The top court said of the 64 seats to be filled by the state, 32 seats could have been filled on the basis of institutional preference.

“But the other 32 seats earmarked as UT Chandigarh pool were wrongly filled on the basis of residence, and we uphold the findings of the high court on this crucial aspect,” it said.

This ruling will have significant consequences for aspiring medical students after qualifying NEET PG. It marks a shift in how state quotas are viewed in relation to PG courses and clarifies that such reservations should not be allowed to supersede the broader principle of equality and national unity.

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