New Delhi:
The Supreme Court has eliminated the reserve of domicile -based seats for postgraduate medicine courses, within the state quota, which violates it of article 14 of the Constitution.
The ruling is fundamental since it ensures that admission to PG Medicine courses, in installments assigned to several states, can only have merit, that is, neet or eligibility / national entry scores, scores.
A judge bank Hrishikesh Roy, Judge Sudhanshu Dhulia and Judge Svn Bhatti said that, as citizens and residents of India, “we have the right to choose residence anywhere … the Constitution also gives us the right to choose the admission In educational institutions throughout India “
“We are all domiciled in the territory of India. There is nothing like a provincial or state domicile … there is only one home. We are all residents of India. We have the right to choose the residence anywhere in India and take to Cabo Comercio and profession anywhere in the country, “said the court.
“The Constitution also gives us the right to choose admission in educational institutions throughout India.”
The court recognized that reservations can be contemplated “for those who reside in a particular state”, but only in undergraduate courses. “… Taking into account the importance of specialized doctors, the reserve at higher levels, on the basis of the residence, would be the violation of article 14”.
However, on an important side, the court also said that today’s judgment would not affect the reserves based on the home already granted, and that the students who had completed their titles based on said selection criteria would not be affected either.
This case dates back to 2019, when a bank of two court judges heard appeals from a ruling from the Superior Court of Punjab and Haryana, which dictated in a similar way, that is, the reservations based on home for the medical courses of PG are unconstitutional. However, the court, which reconciles the importance of the situation, the bank of two judges sent the matter to a bank of three judges.
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