NEET PG Admission: Domicile-Based Reservation Violates Article 14, says SC; Check Details Here

The Supreme Court ruled on Wednesday that domicile-based reservations in postgraduate (PG) medical programs are impermissible and illegal constitutionally. As per the ruling, the reservation violates Article 14 of the Constitution.

A significant precedent is established by this ruling, which essentially requires that PG medical admissions under state quotas be decided only based on merit in the National Eligibility cum Entrance Test (NEET).

No Reservation for NEET PG Domicile Students

A three-judge panel comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti ruled that residence-based reservations in postgraduate medical programs violate Article 14 of the Indian Constitution.

The bench firmly stated that state-imposed residency criteria for PG medical admissions go against the constitutional guarantee of equality and cannot be justified.

One Nation, One Residency

The judges emphasized that every citizen has the right to reside, work, and trade anywhere in India, as per Article 19 of the Constitution.

“All of us reside within the borders of India. Nothing compares to a state or provincial residence. One residence is all that exists. We are all citizens of India,” the bench declared.

The court clarified that any domicile-based restriction at the postgraduate level violates the constitutional right to apply for educational institutions across the country.

Domicile-Based Reservation Allowed for NEET  UG 

While the court acknowledged that limited domicile-based reservations could be permissible for undergraduate (MBBS) admissions, it held that applying such restrictions to postgraduate medical programs would be unconstitutional, as specialization and competence take precedence at that level.

SC Verdict on Domicile Reservation

Justice Sudhanshu Dhulia stated that excluding candidates based on domicile in postgraduate medical programs would be discriminatory and go against Article 14 of the Constitution, which guarantees equality before the law.

Although the court struck down domicile reservations for future PG medical admissions, it provided relief to students who are already enrolled or have completed their studies under such schemes.