Landmark Supreme Court Decision Shields Beloved Domicile-Based Reservations, Ensuring Justice and Opportunity
Supreme Court Ruling Does Not Impact Sikkim’s Domicile Reservations: State BJP President
GANGTOK: In a statement released on Thursday, DR Thapa, the State BJP president, clarified that the recent Supreme Court ruling does not impact domicile-based reservations in Sikkim. Thapa addressed concerns following the Supreme Court’s January 29 judgment, which examined whether state medical colleges across India could implement residence-based reservations for postgraduate (PG) medical courses.
The Court’s decision clarified that while domicile-based reservations are permissible for MBBS courses, they are not allowed for PG courses, which are considered specialist in nature. Thapa emphasized that this ruling applies solely to PG medical courses in other states, as the court applied the general principle of Article 14 of the Indian Constitution. However, Sikkim enjoys a unique status due to the non-obstante clause in Article 371F, effectively exempting it from this general rule.
Thapa pointed to previous Supreme Court rulings, notably in the cases of State of Sikkim vs. Surendra Prasad Sharma and RC Poudyal vs. Union of India, which have upheld this exemption. As such, the Supreme Court’s latest interpretation does not alter the existing domicile-based reservation policies in Sikkim, ensuring local residents still benefit from these provisions.
The announcement aims to reassure Sikkim’s residents that educational opportunities based on domicile will remain unaffected. It underscores the commitment to preserving unique legal protections afforded to the state, reinforcing the distinct constitutional safeguards Sikkim holds within the Indian union.
Original Source: https://www.sikkimexpress.com/news-details/supreme-court-judgement-will-not-affect-domicile-based-reservations-in-sikkim-dr-thapa-1
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