DR. TANVI BEHL versus SHREY GOEL & ORS.

Citation: [2019] 14 S.C.R. 781 · Decided: 09-12-2019 · Supreme Court of India · Bench: A.M. KHANWILKAR · Disposal: Matter referred to larger bench
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Judgment (excerpt)

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DR. TANVI BEHL
v.
SHREY GOEL & ORS.
(Civil Appeal No. 9289 of 2019)
DECEMBER  09, 2019
[A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.]
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.
   [2019] 14 S.C.R. 781
781
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SUPREME COURT REPORTS
[2019] 14 S.C.R.
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.
Case Law Reference
(2013) 11 SCC 146
referred to
Para 8.3
[1984] 3 SCR 942
held inapplicable
Para 10.2
[1980] 2 SCR 831
held inapplicable
Para 12
(2003) 11 SCC 186
held inapplicable
Para 12
[2013] 14 SCR 23
distinguished
Para 12
(2014) 11 SCC 456
distinguished
Para 12
(2018) SCC online SC 324 distinguished
Para 12
[2012] 10 SCR 204
distinguished
Para 12
(2016) 11 SCC 225
referred to
Para 14
[2019] 10 SCC 11
referred to
Para 14
[1975] 2 SCR 761
referred to
Para 16.3
[1955] SCR 1215
referred to
Para 16.4
[2013] 7 SCR 908
referred to
Para 22
(2016) 7 SCC 353
needs reconsideration
Para 22
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9289
of 2019.
From the Judgment and Order  dated 23.04.2019 of the  High
Court of Punjab and Haryana at Chandigarh in CWO No. 8234 of 2019
(O&M)
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With
Civil Appeal Nos. 9290. 9291, 9292-9293 of 2019.
P.S. Patwalia, Nidhesh Gupta, Sr. Advs., Chandra Prakash,
C.P. Rajwar, Vivek Singh, Dhrub Sheoran, Mohit Kumar Daroad,
Pankaj Jain, Harshika Verma, Rakesh Dahiya, Avijit Mani Tripathi,
Ms. Japneet Kaur, Ms. Vriti Gujral, Ms. Pallavi Singh, Sandeep
Chaudhary, Aditya Dahiya, Hemant Kushwaha, Gaurav Sharma,
Gauran Sharma, Dhawal Mohan, Prateek Bhatia, Prasana Mohan,
Kumar Dushyant Singh, Ms. Jaspreet Gogia, Rohit Sharma, Rounak
Nayak, Atul Agarwal, Anshul Chowdhary, Advs. for the appearing
parties.
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 together and shall be
governed by this common order.3
1 Hereinafter also referred to as “the PG Medical Courses”
2 Hereinafter also referred to as “the Medical College”/ “th
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