DR. TANVI BEHL versus SHREY GOEL & ORS.

DR. TANVI BEHL versus SHREY GOEL & ORS.

A generalised blanket prohibition on domicile/residence-based reservation for State Quota PG Medical seats may not be workable; the question of constitutional validity, extent, and manner of such reservation (particularly in States/UTs with only one medical college) requires authoritative determination by a Larger Bench.

Parties
Appellant: Dr. Tanvi Behl; Respondent: Shrey Goel; Appellant: Union Territory of Chandigarh; Appellant: Government Medical College and Hospital, Chandigarh
Jurisdiction
India
Judgment Date
09 December 2019
Procedural Posture
Civil Appeal / Reference Order to Larger Bench
Outcome
Reference to Larger Bench
Legal Topics
Domicile/residence Based Reservation, Admission to Post Graduate Medical Courses, State Quota, Institutional Preference
Constitutional Law Education Law Domicile/residence Based Reservation Admission to Post Graduate Medical Courses State Quota Institutional Preference

Case Brief

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Parties

Dr. Tanvi Behl

Appellant

Shrey Goel

Respondent

Union Territory of Chandigarh

Appellant

Government Medical College and Hospital, Chandigarh

Appellant

Procedural Posture

Civil Appeal / Reference Order to Larger Bench

Legal Issues

  1. 1 Whether providing for domicile/residence-based reservation in admission to PG Medical Courses within the State Quota is constitutionally invalid and impermissible.
  2. 2 If permissible, what should be the extent and manner of providing such reservation in States/UTs, especially those with only one medical college.
  3. 3 If not permissible, how should State Quota seats be filled other than permissible institutional preference seats.

Ratio Decidendi

A generalised blanket prohibition on domicile/residence-based reservation for State Quota PG Medical seats may not be workable; the question of constitutional validity, extent, and manner of such reservation (particularly in States/UTs with only one medical college) requires authoritative determination by a Larger Bench.

Court Disposition

Reference to Larger Bench

Orders

  • Matter to be placed before Hon’ble Chief Justice of India for constitution of appropriate Larger Bench.
  • Interim orders passed in these matters shall continue until further orders.