NEET-PG : Punjab & Haryana High Court Approves Chandigarh UT's Decision To Reallocate UT Quota To All India Quota

The Punjab and Haryana High Court has dismissed a petition challenging the Chandigarh Union Territory's decision to reallocate seats reserved under the Union Territory (UT)  Pool quota to the All India Quota (AIQ) for admission to postgraduate medical courses.

The Court upheld the UT's move, emphasizing that the controversy for residential quota in the MD/MS admissions in the Government Medical Hospital Chandigarh (GMCH) has already been decided by the Apex Court in Shrey Goel's judgment.

Justice Mahabir Singh Sindhu and Justice H.S Grewal noted, "Legal issue regarding residence based reservation for PG Medical Course has already been adjudicated by Hon'ble the Supreme Court in Shrey Goel's judgment (supra)."

The Apex Court in Shrey Goel's judgment held that domicile-based reservations in PG Medical seats is impermissible as it is unconstitutional for being violative of Article 14 of the Constitution.

The Supreme Court earlier this year had held that providing for domicile residence-based reservations in admission in PG medical courses within the State quota is constitutionally impermissible.

 Senior counsel Gurminder Singh appearing for the petitioner candidates among other grounds contended that although, residence based reservation was held to be totally impermissible in the PG Medical Course by the Supreme Court  in Shrey Goel's case (supra); but it was further held that it will not affect reservation already granted to students who are undergoing the PG Course(s); or have already passed their PG Course(s) from GMCH.

It was further submitted that the Co-ordinate Bench of the High Court Court in Shubhamdeep Singh Kang's case, while dealing with the question of adjudication of modalities emanating from residence based reservation provided in PG Admission-2024, held that U.T. Chandigarh shall carry out admission to the Post Graduate Medical Courses in accordance with Shrey Goel's judgment

Perusing the impugned notice the Court said, "A perusal of the aforesaid extract from the impugned Public Notice, clearly indicates that respondents are going to conduct special round of counselling as per the decision of Hon'ble the Supreme Court in Shrey Goel's case (dated 29.01.2025); Order dated 24.03.2025 (P-9); and Shubhamdeep Singh Kang's case..."

The Court noted that the coordinate Bench of the High Court in Shubhamdeep Singh Kang Versus Union Territory, Chandigarh and another [CWP-9749-2025] had disposed of the case, observing that the UT Administration Chandigarh shall carry out admission to the course in question in accordance with the Shrey Goel SC judgment.

In the light of the above, the Court opined that there is no hesitation to say that controversy for admission to MD/MS courses 2024 in GMCH has already been decided by the Coordinate Bench of the High Court in Shubhamdeep Singh Kang's case (supra) after following the judgment of the Supreme Court in Shrey Goel's case (supra); thus, there would be no justification to rake up the issue again by filing the present writ petition.

While dismissing the plea, the Court added that the petitioners , if so advised, may take recourse to the remedy in accordance with law, for alleged disregard or disobedience of directions issued by the Supreme Court or the order of Coordinate Bench.

Mr. Gurminder Singh, Senior Advocate, assisted by Mr. J.S. Gill, Advocate for the petitioners.

Title: Avijit Chander and others v. Union Territory, Chandigarh and others

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