In Pradeep Jain v. Union of india a judgement of far reaching importance, the supreme court held whole reservation(all seats) of seats in MBBS and BDS courses made by State government of Karnataka,uttarpradesh and Union territory of delhi on basis of ‘’domicile'' or residence within the states on the basis of institutional preference of the student who had passed the qualifying examination excluding all students not satisfying the residence requirement, regardless of merit, was unconstitutional being violative of Article 14 of the constitution. Delivering the majority judgment Bhagwati, J., held ___ The admission in these course, such as MBBS, MS, MD etc . should be made primarily on the basis of merit and not on the basis of residence requirement or institutional preference. The equality of opportunity for employment cannot be made dependent upon where a citizen reside. The object of any valid scheme for admission must be to select the best candidate for admission to medical college. Any departure made from this rule must be justified on the touchstone of article14 . Merit cannot be measure in terms of marks alone, but human sympathies are equally important. The heart is an much the factor as the assessing the social values of a member of the medical profession. Merit consist of a high degree of intelligence coupled with a keen and incisive mind, sound knowledge of the basic subject and infinite capacity for hard work and also calls for the sense of social commitment and dedication to the cause of the poor. The departure from the rule of merit based selection can be justified only on the grounds of region claims of backwardness and state need to provide medical service to its people. But what should be the quantum of reservation based on residential requirement? This in a particular case the court held, would depend upon the social and economic factores in the context of educational opportunity but in but in on case it should exceed  more than 70 percent for MBBS .The Indian Medical Council was directed to review after every three years this outer limit of 70 percent and also whether it needed to be reduced. As regard admission to MS,MD and like P.G courses, it should not be based on residential requirement at all. There the excellence cannot be compromised by any other consideration because that would be detrimental to the interest of the nation.