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Residence-Based Reservation in PG Medical Courses Are Unconstitutional; Violative Of Article 14: SC

Domicile-based reservations in Post Graduate (PG) medical seats are unconstitutional, as they violate Article 14 of the Constitution, which ensures equality, noted the Supreme Court in their ruling on 29th January 2025. Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti stated, “Residence-based reservation in PG medical courses is clearly violative of Article 14 of the Constitution”

After the ruling PG medical admissions shall now be based on merit in the NEET exam and not domicile.

While pronouncing the order, the bench reiterated the law laid down in the previous judgments in Pradeep Jain, Saurabh Chandra cases.

Justice Dhulia explained the reasoning of the judgment, “We are all domiciles in the territory of India. There is nothing like a provincial or state domicile. There is only one domicile. We are all residents of India. We have the right to choose residence anywhere in India and to carry out trade and profession anywhere in the country. Constitution also gives us the right to choose admission in educational institutions across 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,”

The Court also clarified that this ruling would not affect students already enrolled in or having completed their PG courses under the domicile-based reservation system.


Case : Tanvi Behl v. Shrey Goel And Ors | C.A. No. 9289/2019

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Anushka Bandekar

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