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Constitutional Validity Of Domicile/Residence-Based Reservation In Admission To PG Medical Courses Within State Quota: SC To Hear Reference On 18th August

LIVELAW NEWS NETWORK
30 July 2020 5:06 AM GMT
Constitutional Validity Of  Domicile/Residence-Based Reservation In Admission To PG Medical Courses Within State Quota: SC To Hear Reference On 18th August

A three judge bench of the Supreme Court will hear on August 18th a batch of appeals raising the issue of constitutional validity of domicile/residence-based reservation in admission to "PG Medical Courses" within the State Quota.

The Registry has issued a notice that these cases will be put up for hearing before a bench that would be presided by Justice Rohinton Fali Nariman.

A two judge bench of Justices AM Khanwilkar and Dinesh Maheshwari, in December 2019, had referred the following questions while considering the appeal [Dr. Tanvi Behl vs. Shrey Goel] against Punjab and Haryana High Court judgment in which the question was whether providing for domicile/residence-based reservation for admission to PG Medical Courses is constitutionally invalid and is impermissible. The High Court had held invalid the provisions made by a Medical College in its prospectus relating to the domicile/residence-based reservation.

  1. Whether providing for domicile/residence-based reservation in admission to "PG Medical Courses" within the State Quota is constitutionally invalid and is impermissible?
  2. If domicile/residence-based reservation in admission to "PG Medical Courses" is permissible, what should be the extent and manner of providing such domicile/residence-based reservation for admission to "PG Medical Courses" within the State Quota seats?
  3. If domicile/residence-based reservation in admission to "PG Medical Courses" is permissible, considering that all the admissions are to be based on the merit and rank obtained in NEET, what should be the modality of providing such domicile/residence based reservation in relation to the State/UT having only one Medical College?
  4. If domicile/residence-based reservation in admission to "PG Medical Courses" is impermissible, as to how the State Quota seats, other than the permissible institutional preference seats, are to be filled up?

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