TANVI BEHL Vs. SHREY GOEL
LAWS(SC)-2019-12-27
SUPREME COURT OF INDIA
Decided on December 09,2019

Tanvi Behl Appellant
VERSUS
Shrey Goel Respondents

JUDGEMENT

DINESH MAHESHWARI,J. - (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. Signature Not Verified 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, Chandigarh 2, have been considered together and shall be governed by this common order.3
(3.) By the impugned judgment and order dated 23.04.2019, the High Court of Punjab and Haryana at Chandigarh has held invalid the provisions made by the said Medical College in its prospectus, so far relating to the domicile/residence-based reservation as provided in UT4 Chandigarh Pool; and has struck down the same while directing that all the admissions made on the basis of such invalid reservation in the said Medical College be cancelled and fresh admission process for admission to the PG Medical Courses for the academic year 2019-20 be carried out on the basis of merit obtained by the candidates in National Eligibility-Cum-Entrance Test. 5 Aggrieved, the candidates whose admission to the PG Medical Courses were to be cancelled as also the UT of Chandigarh and the said Medical College have preferred these appeals. Hereinafter also referred to as the PG Medical Courses Hereinafter also referred to as the Medical College/ the said Medical College. It may be noticed at the outset that the questioned reservation has been provided for the candidates with background of Chandigarh. The candidates eligible under this category are those (i) who have studied for 5 years in Chandigarh; or (ii) whose parents have resided in Chandigarh for a period of 5 years; or (iii) who are children of the persons who have held or are holding immovable property in Chandigarh or who themselves have held or are holding such immovable property for a period of 5 years. Having regard to the submissions made and the questions involved, notwithstanding the subtle distinction in the two concepts of domicile and residence [as noted by this Court in the case of Yogesh Bhardwaj v. State of U.P. and Ors.: (1990) 3 SCC 355], the reservation/preference in question is referred herein as domicile/residence-based reservation. Union Territory is abbreviated as UT Hereinafter also referred to as NEET / NEET- PG 2019 The basic facts concerning the parties ;


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