UT pool in GMCH admissions: SC refers matter to larger bench
While referring the matter to the larger bench, the SC bench observed that it needed to be examined whether providing domicile-based reservation, particularly in admission to PG medical courses, is constitutionally permissible.Updated: Dec 10, 2019 01:55 IST
A division bench of the Supreme Court has referred a bunch of pleas on domicile-based reservation in PG courses at Government Medical College and Hospital, Sector 32, to a larger bench.
Earlier, the Punjab and Haryana high court had struck down domicile-based reservation in UT pool for admissions to PG courses at GMCH, a decision subsequently stayed by the Supreme Court in May, following appeal by an aggrieved student.
Now, the matter has been referred to a larger bench by the division bench.
In 2019, out of the 128 seats for MS and MD courses, 64 were reserved for all-India quota and 64 for state quota. In the latter, 32 were reserved for college students and remaining 32 for
those with Chandigarh as their domicile.
In its April 23 judgment, the high court had quashed UT’s decision stating that domicile-based reservation was not permissible in law.
While referring the matter to the larger bench, the SC bench observed that it needed to be examined whether providing domicile-based reservation, particularly in admission to PG medical courses, is constitutionally permissible, more particularly in relation to the state/UT having only one medical college.
“Prima facie, it appears that even if domicile/residence-based reservation in admission to PG medical courses is held permissible, the mode and modalities for its application would still require further examination,” the bench said, observing that the larger bench will decide whether providing for such reservation is constitutionally invalid and impermissible.
“If it is permissible, what should be the extent and manner of providing such reservation. Also, how the reservation should be provided in states and UTs with lone medical college,” it said.
A student had challenged the clause in HC on March 28, 2019, arguing that it was in violation of various Supreme Court judgments, according to which domicile-based reservation in PG courses was not permissible.
UT had argued that it was injustice to residents of Chandigarh that they were being discriminated against vis-a-vis other states. It had told the court that since UT had just one medical college, Chandigarh quota will be reduced from 50% to 25%, if domicile-based reservation is not given.
Under the domicile-based pool, those candidates were eligible who had either studied for five years in the city at any time, whose parents had resided in city for at least five years at any time or children of people, who had held or hold immovable property in the city for five years at any time.