Dr. Tanvi Behl vs Shrey Goel 2025 INSC 125 - Residence-Based Reservation In PG Medical Courses

Constitution of India - Article 14 - Residence-based reservation is impermissible in PG Medical courses - Reservation at the higher level on the basis of ‘residence’ would be violative of Article 14 of the Constitution of India- 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 - However, the benefit of ‘reservation’ in educational institutions including medical colleges to those who reside in a particular State can be given to a certain degree only in MBBS courses. (Para 31)

Domicile -The purpose for which domicile is used by Governments is like a substitute for ‘permanent residence’ or a ‘permanent home’. Yet ‘domicile’ is primarily a legal concept for the purposes of determining what is the ‘personal law’ applicable to an individual. Therefore, even if an individual has no permanent residence or permanent home, he is still invested with a ‘domicile’ albeit by law or implication of law- 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. (Para 19) 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 & business or a profession anywhere in India. It also gives us the right to seek admission in educational institutions across India. (Para 31)