Can’t Interfere In Allotment Of Seats Under NRI Quota By Private Medical Colleges: MP HC Orders Fresh NEET-PG Counselling

The Petition before the High Court was filed challenging the seat matrix for private medical colleges in the State of M.P. published by the Director of Medical Education whereby the procedure for choice filling and locking of seats was ordered to be commenced from November 23, 2024 till November 25, 2024.

The Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Anuradha Shukla asserted, “Moreover, the criteria formulated for allotment of seats by the State Govt. appears to be fair, reasonable and in compliance with statutory requirements. It also reflects a balance approach to meet institutional financial needs and ensure fairness in admissions.”

Advocate Alok Vagrecha represented the Petitioner while Addl. Advocate General Janhvi Pandit represented the Respondents.

The petitioner appeared for the All India NEET PG 2024 and cleared the examination. However, when the portal for filling up the seats in the PG Courses was opened by the respondents and the seat matrix for private medical colleges was published, instead of allowing the petitioner to raise objections as per Rule 5 of the Madhya Pradesh Chikitsa Shiksha Pravesh Rules 2018, directly the procedure for choice filling and locking of seats was ordered to be commenced from November 23-25, 2024.

The main bone of contention of the petitioner was that the State Govt. had allotted 15% NRI quota seats to the private medical colleges which are distributed amongst only 8 branches whereas it should have been distributed amongst all the 22 branches.

The Bench, at the outset, referred to M.P. Niji Vyavsayik (Pravesh Ka Viniyaman Evam Shulk Ka Nirdharan) Adhiniyam, 2007 as well as M.P. Chikitsa Shiksha Pravesh Niyam, 2018 framed thereunder to regulate admission process in private medical and dental colleges in M.P. Rule 4(2)(ga) of the said Rules provides for category-wise reservation. Khand B of Schedule 2 provides that 15% quota in the NRI category shall apply to all the available courses in private medical colleges. “The rules are silent in regard to allotment of 15% NRI quota branch-wise”, the Bench said.

It was noticed by the Bench that the Petitioner was unable to show any rule or provision which provides branch-wise allotment of seats under 15% NRI quota. “If the petitioner is aggrieved by non-mention of branch-wise allotment of 15% NRI quota, then he ought to have challenged the rules in that regard. In the absence of such challenge, this Court cannot interfere in the allotment of seats under 15% NRI quota made by the private medical colleges”, it held.

Reliance was also placed upon the judgment of the Constitution Bench of the Apex Court in P.A Inamdar & Ors. Vs. State of Maharashtra & Ors (2005) wherein it has held that a limited reservation not exceeding 15% of the total seats can be allocated to the NRI Category which shall be subject to the discretion of the management. The said discretion was made subject to two riders, namely: (i) NRI Quota shall be utilized only and only for the NRIs and/or their wards (ii) and, within the NRI Quota, merit cannot be completely discarded.

The Bench noted that the discretion was exercised by the respondents after satisfying the aforesaid twin conditions. Considering the fact that the rules are silent with respect of branch-wise allotment of NRI Quota seats in private medical colleges and since the petitioner had not challenged the vires of the rules, the Bench dismissed the Petition.

The High Court also noted that the precious medical seats should not go in waste, when the country is facing acute shortage of doctors. It thus held, “…respondents are directed to conduct the counselling forthwith in respect of NRI quota seats, as has been held by the Apex court in the case of Era Lucknow Medical College and Hospital Vs. The State of Uttar Pradesh and others, decided on 20.12.2024 in W.P.(C).No.833/2024. The Authorities are directed to hold fresh stray/special counselling for the vacant seats, if any, and complete the admission process forthwith.”

On January 6, 2025, the Madhya Pradesh High Court had also allowed the in-service candidates to appear in the second phase of NEET-PG counselling.

Cause Title: Dr. Ojus Yadav v. The State of Madhya Pradesh and Others (Neutral Citation: MPHC-JBP:268)

Appearance:

Petitioners: Advocates Alok Vagrecha and Ishan Jatavedus Tignath

Respondents: Addl. Advocate General Janhvi Pandit, Senior Advocate Shashank Verma, Advocate Akhilesh Rai

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