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Journalism of Courage
NEET PG: The Supreme Court of India on Wednesday ruled that domicile-based reservation for admissions to post-graduate (PG) medical courses under the state quota is unconstitutional, as 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 S V N Bhatti, struck down the practice, stating that residence-based reservations in PG medical courses violate the fundamental principles of equality among citizens.
– Violation of Article 14
The Court stated that the practice of domicile-based reservation in PG medical admissions goes against the Right to Equality guaranteed under Article 14 of the Indian Constitution.
– Right to choose residence and profession
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.
– Reservations only permissible in MBBS courses
While the 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.
– Clarification on existing reservations
The ruling clarified that it would not affect any domicile-based reservations that have already been granted for PG medical admissions prior to the judgement. Existing policies will remain intact, but future admissions in NEET PG will be governed by the new legal framework.
The judgement 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 in relation to 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 started on March 28, 2019 and it had 64 PG seats in its 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 who seek admission to medical courses 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.
