SAURABH CHAUDRI AND ORS. versus UNION OF INDIA AND ORS.

SAURABH CHAUDRI AND ORS. versus UNION OF INDIA AND ORS.

Reservation based on domicile or institutional preference is not unconstitutional for technical and medical courses up to 50% of seats; such reservation is impermissible in super-speciality courses where merit must take precedence. The expressions 'place of birth' and 'domicile' are constitutionally distinct. Strict scrutiny/intermediate scrutiny tests do not apply unless a statute is ex facie unreasonable. States have legislative competence to enact reservation statutes in education in absence of parliamentary law.

Parties
Petitioner: Saurabh Chaudri and Ors.; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
04 November 2003
Procedural Posture
Writ Petition / Final Disposition
Outcome
Petitions/Appeals disposed of with directions
Legal Topics
Reservation Policy, Domicile and Institutional Preference, Super Speciality Medical Education, Equality Under Constitution, Legislative Competency, Admission Procedure
Constitutional Law Education Law Reservation Policy Domicile and Institutional Preference Super Speciality Medical Education Equality Under Constitution Legislative Competency Admission Procedure

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Parties

Saurabh Chaudri and Ors.

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition / Final Disposition

Legal Issues

  1. 1 Validity of reservation based on domicile or institutional preference in technical and medical courses
  2. 2 Whether reservation in super-speciality courses is permissible
  3. 3 Difference between 'place of birth' and 'domicile' or 'residence' under Constitution

Ratio Decidendi

Reservation based on domicile or institutional preference is not unconstitutional for technical and medical courses up to 50% of seats; such reservation is impermissible in super-speciality courses where merit must take precedence. The expressions 'place of birth' and 'domicile' are constitutionally distinct. Strict scrutiny/intermediate scrutiny tests do not apply unless a statute is ex facie unreasonable. States have legislative competence to enact reservation statutes in education in absence of parliamentary law.

Court Disposition

Petitions/Appeals disposed of with directions

Orders

  • Reservation by institutional preference limited to 50% of seats in technical and medical courses; purely merit-based admission for super-speciality courses
  • One common All India Entrance Examination recommended by impartial authority