38.6c New Delhi, India, Friday, October 31, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

'We are all domiciled in territory of India,' SC holds domicile based reservation in PG medical courses as invalid [Read Judgment]

By Jhanak Sharma      30 January, 2025 06:13 PM      0 Comments
We are all domiciled in territory of India SC holds domicile based reservation in PG medical courses as invalid

NEW DELHI: Observing that all residents of the country are domicile of India, the Supreme Court on Wednesday ruled that domicile-based reservations in postgraduate medical courses are constitutionally invalid for being in violation of right to equality under Article 14 of the Constitution.

A bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and S V N Bhatti declared that such a reservation in PG medical courses is not permissible.

SC Rules Domicile-Based Quota in PG Medical Admissions Unconstitutional

The court said the very concept of a provincial or state domicile in India is a misconception as there is only one domicile in India, which is referred to as domicile in the territory of India as given under Article 5 of the Constitution.

"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 and business or a profession anywhere in India. It also gives us the right to seek admission in educational institutions across India," the bench said.

PG Medical Seats: Supreme Court Says No State-Based Reservation, Merit Prevails

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!, the bench said.

"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 court said.

The concept of domicile acquires importance only when within a country there are different laws or more precisely different systems of law operating. “But this is not the case in India. Each citizen of this country carries with him or her, one single domicile which is the ‘Domicile of India’. The concept of regional or provincial domicile is alien to the Indian legal system," the bench said.

The bench said that postgraduate medical admissions under state quotas must be determined only on the basis of merit in the National Eligibility cum Entrance Test (NEET).

“We are all domiciles in the territory of India. There is nothing like a provincial or state domicile. There is only one domicile. We are all residents of India," the bench said.

The judgment was authored by Justice Dhulia on part of the bench.

The court looked into the issue on a reference made by a two-judge bench arising out of such a reservation in Government Medical College and Hospital, Chandigarh.

The bench opined that any form of domicile-based restriction at the postgraduate level disturbed the foundational principle of the Constitution, which granted the right to seek admission to educational institutions across the country.

It said that some degree of domicile-based reservation may be permissible in undergraduate (MBBS) admissions. However, such reservation cannot be extended to postgraduate courses, where specialisation and expertise are very important, it said.

The bench said it had already been held that at PG level merit cannot be compromised, although residence- based reservation can be permissible to a certain degree in UG or MBBS course.

"Why residence-based reservation is impermissible is for the reason that such reservation runs counter to the idea of citizenship and equality under the Constitution," the bench said.

The court pointed out Article 15 speaks of ‘place of birth’, whereas Article 16 states that no citizen shall be discriminated, inter alia, on the ground of ‘residence’.

"State cannot grant reservation in public employment on the basis of residence in that State. The exception carved out under Clause 3 of Article 16, enables only the Parliament to make a law prescribing a requirement of residence for State employment," it said.

In its judgement, the court, however, clarified said this verdict will not affect the domicile reservation already granted. “Students who are undergoing PG courses and those who have already passed out from such residence category will not be affected,” the court said.
[Read Judgment]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Order to appoint One Man Committee of Justice (Retd.) Lokur for the Prevention of Stubble Burning Kept in Abeyance by SC itself [READ ORDER] Order to appoint One Man Committee of Justice (Retd.) Lokur for the Prevention of Stubble Burning Kept in Abeyance by SC itself [READ ORDER]

CJI suggests holding measures in abeyance, questioning the PIL petitioner in the stubble burning case. Justice (Retd.) Madan B Lokur's role also discussed.

"Experts Say Your Beautiful Cars Also Contribute to Air Pollution," CJI SA Bobde Says While Hearing Stubble Burning Issue "Experts Say Your Beautiful Cars Also Contribute to Air Pollution," CJI SA Bobde Says While Hearing Stubble Burning Issue

Chief Justice of India S.A. Bobde ensures no stubble burning orders will be passed without considering petitioners' input, confirms Senior Advocate Vikas Singh.

Centre states that Farmers Stubble Burning contributes to 10% Pollution; SC retailitates saying, 'Pollution is caused by city-related issues. Take care of them and then we will come to stubble burning' Centre states that Farmers Stubble Burning contributes to 10% Pollution; SC retailitates saying, 'Pollution is caused by city-related issues. Take care of them and then we will come to stubble burning'

Supreme Court urges Centre, Punjab, Haryana, and UP to implement work-from-home due to air pollution. Next hearing set for November 17, 2021.

WhatsApp Assures High Court Of Full Cooperation In Dhanbad Judge Murder Case WhatsApp Assures High Court Of Full Cooperation In Dhanbad Judge Murder Case

The CBI has charged auto-rickshaw driver Lakhan Verma and his brother Rahul with murder and false information, invoking IPC Sections 302, 201, and 34.

TRENDING NEWS

sc-hints-at-pan-india-guidelines-on-timeline-to-frame-charges
Trending Judiciary
SC hints at pan-India guidelines on timeline to frame charges

SC mulls pan-India guidelines to curb delays in framing charges; notes cases where charges aren’t framed even after years despite BNSS mandate of 60 days.

30 October, 2025 12:22 PM
limitation-for-continuous-breach-runs-only-till-contract-expiry-kerala-hc-clarifies
Trending Judiciary
Limitation for Continuous Breach Runs Only Till Contract Expiry: Kerala High Court Clarifies [Read Judgment]

Kerala HC clarifies that for continuous breach of contract, limitation under Article 55 starts when breach ceases; once contract ends, breach cannot continue.

30 October, 2025 01:37 PM

TOP STORIES

sc-quashes-uapa-arrests-holds-remand-courts-explanation-cannot-replace-written-grounds-of-arrest
Trending Judiciary
SC Quashes UAPA Arrests, Holds Remand Court’s Explanation Cannot Replace Written Grounds Of Arrest [Read Order]

Supreme Court quashes UAPA arrests, ruling that remand court’s explanation cannot substitute the mandatory written grounds of arrest.

25 October, 2025 11:10 AM
ngt-orders-probe-into-illegal-tree-felling-in-delhis-civil-lines-directs-action-within-three-months
Trending Environment
NGT Orders Probe into Illegal Tree Felling in Delhi’s Civil Lines, Directs Action Within Three Months [Read Order]

NGT directs Tree Officer to probe illegal tree felling in Delhi’s Civil Lines and take action under the Delhi Preservation of Trees Act, 1994.

25 October, 2025 11:28 AM
gauhati-hc-quashes-fir-against-cnn-news18-anchor-akansha-swarup-over-kamakhya-temple-remarks
Trending CelebStreet
Gauhati HC Quashes FIR Against CNN-News18 Anchor Akansha Swarup Over Kamakhya Temple Remarks [Read Order]

Gauhati HC quashes FIR against CNN-News18 anchor Akansha Swarup, ruling her Kamakhya Temple remarks were careless but lacked malicious intent.

25 October, 2025 11:43 AM
delhi-hc-upholds-divorce-on-cruelty-grounds-denies-alimony-to-financially-independent-wife
Trending Judiciary
Delhi HC Upholds Divorce On Cruelty Grounds, Denies Alimony To Financially Independent Wife [Read Judgment]

Delhi HC upholds divorce on cruelty grounds, denies alimony to IRTS officer wife, ruling that alimony is for need-based justice, not enrichment.

25 October, 2025 12:10 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email