Madhya Pradesh HC Allows In-Service Candidates To Appear In 2nd Phase Of NEET-PG Counselling

The Petitioners, who are in-service candidates and have completed MBBS degree, had approached the High Court with a grievance that they had also become eligible to participate in the NEET PG counselling.

The Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Anuradha Shukla held, “It is trite law that the rules/procedure as laid down cannot be changed in between.”

Advocate Alok Vagrecha appeared for the Petitioners while Addl. Advocate General Janhvi Pandit appeared for the Respondent/State.

The Petitioners have been serving in the rural areas of the State of Madhya Pradesh for the last 3 to 11 years. As per the notification dated December 30, 2024, filling up of the seats in the M.D/M.S. course - 2024 was to commence from January 1, 2025 and fresh choice filling and choice locking for the second round was to commence from January 3 till January 6.

However, as per the notice dated January 4, 2025, the eligibility percentile criteria for participating in NEET PG counselling 2024 had been lowered down making it to 15 percentile for the candidates belonging to General/EWS category and similarly candidates belonging to SC/ST/OBC/PwD categories to 10 percentile had also been made eligible for participating in the NEET PG counselling 2024.

It was the case of the Petitioners that in view of such Notice, they had also become eligible to participate in the NEET PG counselling. However, the petitioners were unable to participate in the counselling since the portal had not been opened after January 4,2025.

It was the case of the Respondents that the petitioners missed the bus since they had not registered themselves for the NEET PG counselling of M.D./M.S. course 2024 and hence the petition was bereft of merits.

Reiterating that rules/procedure as laid down cannot be changed in between, the Bench held that as per the notice dated January 4, 2025, the petitioners cannot be prima facie deprived from participating in the second round of counselling.

Thus, the Bench directed, “In the facts and circumstances of the case, as an interim measure, respondents No.2 and 3 are directed to open the portal for registration of the candidature of the petitioners provisionally subject to final outcome of this Petition.”

The Bench further ordered that the said exercise be done forthwith without any loss of time and the petitioners be also permitted to participate in the MP State Combined NEET PG Counselling (MD/MS Course) 2024 forthwith and the result scheduled to declared on January 7, 2025 be kept in abeyance until further orders.

Cause Title: Dr. Ayush Shrivastava v. Union of India and Others (Case No.:WP No. 162 of 2025)

Appearance:

Petitioner: Advocate Alok Vagrecha

Respondent/State: Additional Advocate General Janhvi Pandit

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