Home Legal News SC To Hear Constitutional Validity Of Domicile Reservations On 18th August In Matters of PG Medical Courses

SC To Hear Constitutional Validity Of Domicile Reservations On 18th August In Matters of PG Medical Courses

by Preeti Dhoundiyal
Supreme Court (SC)
On 18th August, the Supreme Courtin a three judge bench will hear appeals relating to the issue of constitutional validity of domicile reservation/residence-based reservationwithin the State Quota in admission related to “PG Medical Courses”.

As per the registry notice, Justice Rohinton Fali Nariman will be the presiding Judge in the bench to lead the Case hearing.

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In December 2019, A two judge bench of Justices AM Khanwilkar and Dinesh Maheshwari, while considering the appeal [Dr.TanviBehl vs. ShreyGoel] against Punjab and Haryana High Court judgment had referred the following questions in which the question raised as whether providing for domicile reservation /residence-based reservation for admission to PG Medical Courses is constitutionally invalid and is impermissible.

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Provisions made by a Medical College in its prospectus relating to the domicile reservation /residence-based reservation were held invalid by the High Court.

  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 reservation /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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