Supreme Court cancels domicile quota in NEET PG admissions

NEW DELHI: The Supreme Court of India on Wednesday ruled that domicile-based reservations for admissions to postgraduate (PG) medical courses within the state quota are 'unconstitutional'. The NEET PG domicile-based reservation verdict was delivered by a bench comprising justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti. The bench stated that NEET PG domicile quota violate the Right to Equality under Article 14 of the constitution.

The bench said that all Indian citizens have the right to reside anywhere in the country and apply for PG Medical admission to educational institutions across India. Justice Dhulia, while reading out the judgment’s reasoning, said that there is no separate state or provincial domicile and that every citizen shares a single domicile status that is of being an Indian.

Seats allocation based on NEET PG merit

The SC ruled that state quota seats are to be allocated based on NEET PG exam merit list. "Having made the above determination that residence-based reservation is impermissible in PG Medical courses, the 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," says the judgement.

News 18 report quoted Dhulia saying, "We are all domiciles of India; there is no separate provincial or state domicile. We have the right to choose our residence anywhere in the country and pursue trade and profession freely. The Constitution also grants us the right to seek admission to educational institutions across India."

‘PG Medical domicile-based reservations unconstitutional’

As per Indian Express report, the court said that while some level of domicile-based reservation might be permissible for undergraduate medical (MBBS) admissions, the same principle does not extend to PG medical courses. The bench mentions that at the post graduate level, where specialisation and expertise are important, domicile-based reservations would be unconstitutional.

NEET PG: Existing domicile-based reservations remain unaffected

Despite striking down the domicile-based reservations for future admissions, the Supreme Court clarified that the ruling would not affect students who have already availed such reservations. Those currently enrolled in PG courses and those who have already graduated under these provisions will remain unaffected by the verdict.

Recently, the Telangana HC has struck down the state government's domicile rule requiring PG medical candidates to have completed at least four consecutive schooling years in the state to qualify for state quota seats.

The division bench of chief justice Alok Aradhe and Justice J Sreenivas Rao ruled against the amendment of Telangana Medical Colleges (Admission into Postgraduate Medical Courses) Rules, 2021, following petitions from 94 NEET PG aspirants.