New Delhi, Jan 29: The Supreme Court on Wednesday ruled that residence-based reservation in Post Graduate (PG) medical courses under state quota is constitutionally invalid.

A bench, headed by Justice Hrishikesh Roy, said that providing for domicile or residence-based reservation in PG medical courses is constitutionally impermissible and cannot be done.

It opined that residence-based reservation is impermissible for the reason that such reservation runs counter to the idea of citizenship and equality under the Constitution.

It clarified that institutional preference or reservations to a reasonable extent permissible under the Constitution in PG courses, yet reservation in PG medical courses and other higher learning courses, on the basis of ‘residence’ violates Article 14 of the Constitution.

"We must also remember that, to a reasonable degree, residence-based reservation in a state is permissible for MBBS course, but the same reservation for PG courses is not permissible," added the Bench, also comprising Justices Sudhanshu Dhulia and S.V.N. Bhatti.

It referred to previous decisions of the apex court, where it was held that at the PG level, merit cannot be compromised, although residence-based reservation can be permissible to a certain degree in UG or MBBS courses.

In Chandigarh’s Government Medical College and Hospital, 64 PG medical seats falling under the state quota were reserved either for the ‘residents’ of Chandigarh or for those who have done their MBBS from the same college.

The prospectus provided a very wide definition of ‘residents’ of Chandigarh and even included a person who studied in Chandigarh at any time for 5 years or the children of parents who had property in the Union Territory for a period of 5 years at any point of time.

After several petitions were filed before the Punjab and Haryana High Court challenging this residence-based reservation, the high court held that the reservation was given on the basis of a long-discarded principle of domicile or residence and was bad in law.

Upholding the decision, the Supreme Court said: "We are all domiciled in the territory of India. We are all residents of India. Our common bond as citizens and residents of one country gives us the right not only to choose our residence anywhere in India, but also gives us the right to carry on trade & business or a profession anywhere in India. It also gives us the right to seek admission in educational institutions across India."

It said that the benefit of affirmative action in educational institutions to those who reside in a particular state can be given to a certain degree only in MBBS courses, but considering the importance of specialist doctors in PG Medical Course, reservation at the higher level on the basis of ‘residence’ would be violative of Article 14 of the Constitution of India.

"If such a reservation is permitted then it would be an invasion on the fundamental rights of several students, who are being treated unequally simply for the reasons that they belong to a different state in the Union! This would be a violation of the equality clause in Article 14 of the Constitution and would amount to a denial of equality before the law," the top court added.

It stressed that state quota seats, apart from a reasonable number of institution-based reservations, have to be filled strictly on the basis of merit in the All-India examination. (IANS)

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