HEADNOTE

In regard to admission to M.B.B.S. and post-graduate medical courses, a somewhat uniform and consistent practice had grown in almost all the States and Union Territories to give preference to those candidates who had their domicile or permanent residence within the State for a specified number of years ranging from 3 to 20 years and to those who had studied in educational institutions in the State for a continuous period varying from 4 to 10 years. Sometimes the requirement was phrased by saying that the applicant must have his domicile in the State. The petitioners and the appellant who sought admission in M.B.B.S. and M.D.S. courses in different universities of different States and Union Territory of Delhi challenged the residential requirement and institutional preference on the ground of being violative of Constitution. The question which arose for consideration was whether, consistently with the constitutional values, admissions to a medical college or any other institution of higher learning situate in a State could be confined to those who had their ’domicile’ within the State or who were resident within the State for a specified number of years or can any reservatio