Constitutional Validity Of Domicile/Residence-Based Reservation In PG Medical Courses Within State Quota: SC Refers To Larger Bench [Read Judgment]

The Supreme Court has referred the larger bench the issue of constitutional validity of domicile/residence-based reservation in admission to "PG Medical Courses" within the State Quota.

Following are the questions referred by a bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari to larger bench:

• As to whether providing for domicile/residence-based reservation in admission to "PG Medical Courses" within the State Quota is constitutionally invalid and is impermissible?

• If answer to the first question is in the negative and if domicile/residence-based reservation in admission to "PG Medical Courses" is permissible, what should be the extent and manner of providing such domicile/residence-based reservation for admission to "PG Medical Courses" within the State Quota seats?

• 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?

• If answer to the first question is in the affirmative and 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? 

The court made this reference while considering an appeal [Dr. Tanvi Behl vs. Shrey Goel] against Punjab and Haryana High Court judgment in which the question was whether providing for domicile/residence-based reservation for admission to PG Medical Courses is constitutionally invalid and is impermissible. The High Court had held invalid the provisions made by a Medical College in its prospectus relating to the domicile/residence-based reservation.

[Will be updated]

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