NEWS: Is Constitutional validity of Domicile/residence-based reservation in admission to PG medical courses within state quota?
SC to hear reference on 18th August, on a batch of an appeal raising the issue of the constitutional validity of domicile/residence-based reservation in admission to ‘PG medical courses’ within the state quota, to be lead by a three-judge bench preceded by Justice Rohinton Fali Nariman.
Earlier in December 2019, a two-judge bench of Justice AM Khanwilkar and Dinesh Maheshwari had referred the following questions while considering the appeal[1] against Punjab and Haryana High Court Judgment in which the question was whether providing for domicile/residence-based reservation for admission for PG medical courses is constitutionally invalid or is impermissible. The High Court held the provision invalid made by the medical college in its prospectus relating to domicile/residence-based reservation.
Following questions were considered by the bench:
- Whether providing for domicile/residence-based reservation to ‘PG medical courses’ within the state quota is constitutionally valid and is impermissible?
- If domicile/residence-based reservation to ‘PG medical courses’ is permissible, what should be the extent and manner to provide such reservation?
- If domicile/residence-based reservation to ‘PG medical courses’ is permissible, considering that all the admissions are based on the rank and merit obtained in the NEET, what should be the modality of providing such reservation in relation to State/UT having only one medical college?
- If domicile/residence-based reservation to ‘PG medical courses’ is impermissible, then how the state quota seats, other than the permissible institutional preference seats, are to be filled up?
[1] Tanvi Behl vs Shrey Goel, CIVIL APPEAL NO. 9289 OF 2019