Residence-Based Reservation In PG Medical Courses Impermissible, Violates Article 14 : Supreme Court

In an important judgment, the Supreme Court on Wednesday (January 29) held that domicile-based reservations in PG Medical seats is impermissible as it is unconstitutional for being violative of Article 14 of the Constitution."Residence-based reservation in PG medical courses is clearly violative of Article 14 of the Constitution," pronounced a bench comprising Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice SVN Bhatti.The bench held that providing for domicile residence-based reservations in admission in PG medical courses within the State quota is constitutionally impermissible.The Court held that State quota seats are to be filled up on the basis of merit in the NEET exam. Answering a reference, the three-judge bench stated that it was reiterating the law laid down in the previous judgments in Pradeep Jain, Saurabh Chandra cases."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.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 read out the reasoning of the judgment.However, the bench clarified that the judgment will not affect the domicile reservation already granted. Students who are undergoing PG courses and those who have already passed out from such residence category would not be affected.The Court delivered the judgment in appeals against a judgment of the Punjab and Haryana High Court which struck down residence-based reservation in PG medical courses in Govt Medical College, Chandigarh.In 2019, a two-judge bench of the Supreme Court referred the appeals to a larger bench with the following questions :1. As to whether providing for domicile/residence-based reservation in admission to 'PG Medical Courses' within the State Quota is constitutionally invalid and is impermissible? 2.(a) If the answer to the first question is in the negative and 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? 2.(b) Again, 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? 3. If the answer to the first question is in the affirmative and 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?While answering the reference, the Court noted that the issue was settled in the following judgments :(a) Jagadish Saran v. Union of India, (1980) 2 SCC 768(b) Dr. Pradeep Jain v. Union of India, (1984) 3 SCC 654(c) Saurabh Chaudri v. Union of India, (2003) 11 SCC 146Also from the judgment - All Indians Have Only One Domicile- 'Domicile Of India'; No State Or Provincial Domicile In Our Legal System : Supreme CourtCase : Tanvi Behl v. Shrey Goel and others | C.A. No. 9289/2019Citation : 2025 LiveLaw (SC) 122Click here to read the judgment

Residence-Based Reservation In PG Medical Courses Impermissible, Violates Article 14 : Supreme Court

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The Court stated that domicile quota can be permissible only in MBBS courses.

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