SC strikes down domicile-based reservations in post-graduate medical courses

The Supreme Court on Wednesday struck down domicile-based reservations in post-graduate medical courses on the grounds that they violate the right to equality guaranteed by Article 14 of the Constitution, reported Bar & Bench.

“We are all domicile in India and there is no provincial [state] domicile etc….This gives us a right to pursue trade across India,” said the Supreme Court, emphasising that citizens should be free to reside and pursue their vocation anywhere in India.

A bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti said that admissions must be strictly merit-based. This means that admissions to post-graduate medical courses at the state level will be determined solely by candidates’ performance in the National Eligibility cum Entrance Test.

“Benefit of reservation in education to those who reside in certain areas can be given only in MBBS [Bachelor of Medicine, Bachelor of Surgery] in some cases,” said the bench. “But reservation in higher level on basis of residence is violative of Article 14.”

The ruling is based on questions concerning the constitutional validity of domicile-based reservations in post-graduate medical courses that were referred to it by a two-judge bench.

“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…

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