Dr. Tanvi Behl vs Shrey Goel & Ors.

Court

Supreme Court of India

Date

9 December 2019

Case No.

Civil Appeal No. 9289 of 2019

Bench

A.M. Khanwilkar, Dinesh Maheshwari

Citation

[2019] 14 S.C.R. 781 : 2019 INSC 1342

Headnote

Education/Educational Institutions :

Admission – Post Graduate medical courses – Domicile/residence based reservation – Validity and legality of – Medical College provided for domicile/residence based reservation for Union Territory of Chandigarh Pool – Challenged – High Court held such reservation invalid and directed cancellation of admission made on the basis of such invalid reservation – Appeal to Supreme Court – Held : The Constitution Benches of Supreme Court have not completely overthrown/disapproved the concept of domicile/residence based reservation – However, the manner of providing such domicile/residence based reservation cannot be approved if found irrational or arbitrary – Therefore, the question whether domicile/residence based reservation, particularly in admission to PG Medical Courses is constitutionally permissible and if permissible what would be mode and modalities of its implementation need to be examined by Larger Bench of Supreme Court for authoritative pronouncement. Nikhil Himthani & Ors. v. State of Uttarakhand & Ors. (2013) 10 SCC 237 : [2013] 14 SCR 23 ; Satyabrata Sahoo & Ors. v. State of Orissa (2012) 8 SCC 203 : [2012] 10 SCR 204 ; Vishal Goyal & Ors. v. State of Karnataka & Ors. (2014) 11 SCC 456 ; Dr. Kriti Lakhina v. State of Karnataka (2018) SCC Online SC

324 – distinguished.

Dr. Pradeep Jain and Ors. v. Union of India and Ors.(1984) 3 SCC 654 : [1984] 3 SCR 942 ; Jagdish Saran v. Union of India (1980) 2 SCC 768 : [1980] 2 SCR 831 ; Magan Mehrotra v. UOI (2003) 11 SCC

186 – held inapplicable.

Modern Dental College and Research Centre and Ors. v. State of Madhya Pradesh and Ors. (2016) 7 SCC

353 – needs reconsideration.

Saurabh Chaudri and Ors. v. Union of India and Ors. (2013) 11 SCC 146 ; Ashish Ranjan v. UOI & Ors. (2016) 11 SCC 225 ; Yatinkumar Jasubhai Patel and Others v. State of Gujarat and Others [2019] 10 SCC

11 ; State of U.P. v. Pradip Tandon (1975) 1 SCC

267 : [1975] 2 SCR 761 ; D.P.Joshi v. State of M.P AIR 1955 SC 334 : [1955] SCR 1215 ; Christian Medical College, Vellore v. Union of India : (2014) 2 SCC 305 : [2013] 7 SCR 908 - referred to.

The Order of the Court was passed by DINESH MAHESHWARI, J. Preliminary 1. Leave granted. 2. These four appeals by special leave, directed against the common judgment and order dated 23.04.2019, as passed by the High Court of Punjab and Haryana at Chandigarh in CWP No. 8234 of 2019 (O&M) and CWP No. 9565 of 2019 (O&M) and involving essentially the same questions relating to the legality and validity of domicile/residence-based reservation for admission to the Post Graduate Medical Courses (MD/MS Courses 2019)1 in Government Medical College and Hospital, Chandigarh2, have been considered tog

View Subscription Plans →