MBBS Students Admitted In Excess Of SC Reservation Quota Be Adjusted Against Reserved Seats: Allahabad High Court Stays Fresh Counselling
Justice Rajan Roy, Justice Manjive Shukla, Allahabad High Court
The Allahabad High Court has ordered that the students belonging to the reserved category who have been admitted in the Government Medical Colleges situated at Ambedkar Nagar, Kannauj, Jalaun and Saharanpur in excess of the reservation quota for Scheduled Castes be adjusted against reserved seats in any other Government Medical College.
The Lucknow Bench of the Allahabad High Court has also stayed the direction for holding fresh counselling for the current academic year.
The special appeal, before the Allahabad High Court was filed by the State against the judgment directing the quashing of reservation of 73%, 6% and 13% to SC, ST and OBC Categories for MBBS admission in State run Medical Colleges situated at Ambedkar Nagar, Kannauj, Jalaun and Saharanpur.
The Division Bench of Justice Rajan Roy and Justice Manjive Shukla ordered, “The students belonging to the reserved category who have been admitted against the sanctioned seats in the aforesaid four Government Medical Colleges in excess of the reservation quota for Scheduled Castes shall, as far as possible, be adjusted against reserved seats in any other Government Medical College without affecting the right, if any, of any other Scheduled Castes candidate having higher merit. The candidates having lower merit shall be adjusted first. Consequently, the fee deposited by such candidates would also be adjusted in the other College.”
“To facilitate the aforesaid, directions contained in the impugned judgment for holding fresh counselling for the current academic year shall remain in abeyance, subject, however, to the observations and directions contained in this order”, it added.
Advocate Syed Mohammad Haider Rizv represented the Appellant while Advocate Moti Lal Yadav represented the Respondent.
Factual Background
On June 18, 2025, the NEET undergraduate counselling process for the academic year 2025-26 was formally initiated in pursuance of a Government Order, and a detailed Brochure pertaining to the same was published. The aforesaid Government Order and Brochure contained the reservation status in respect of four State run Medical Colleges situated at Ambedkar Nagar, Kannauj, Jalaun and Saharanpur. While the admission process was on, the respondent-petitioner appeared in NEET-2025, and she was registered for counselling. She raised objections to the alleged illegal reservation of seats contrary to the provision of the Uttar Pradesh Admission to Educational Institutions, Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes, Act, 2006; however, she locked her choice.
Apprehending that she may not get admission on account of excessive reservation for the Scheduled Castes, she filed a petition. The Petitioner had sought quashing of the reservation of 73%, 6% and 13% to SC, ST and OBC Categories as against 21%, 2% provided for the SC, ST and 27% provided for other backwards classes respectively in the Act. The Petitioner had also sought a direction asking the opposite party to make allotment of MBBS Seats as per the Uttar Pradesh Admission to Educational Institutions Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes Act. This petition was allowed. Aggrieved thereby, the State filed an appeal.
Reasoning
The Bench explained that the 2006 Act prescribes 21%, 2% and 23% reservation for SC, ST and OBC in admission to professional courses in Educational Institutions, which includes the Institutions and the MBBS courses in question. “This is also within the permissible limit of 50% reservation prescribed by Hon'ble the Supreme Court of India but since 2011 the appellants have been applying 70% reservation for SC candidates vide Government Orders dated 20.01.2010, 21.02.2011, 13.07.2011, 19.07.2012, 17.07.2013 and 13.06.2015 in the four Medical Colleges which were set up especially to further the interest of Scheduled Castes students”, it stated.
The Bench took note of the appellant’s submission that chaos and uncertainty would result if the judgment were implemented for the current academic session. An undertaking was given on behalf of the State Government that from the next academic year, the judgment of the writ Court would be complied with strictly and reservation for Schedule Castes will not exceed 21% as prescribed by the Act, 2006 in the aforesaid four Medical Colleges which are situated at Ambedkar Nagar, Kannauj, Jalaun and Saharanpur.
As a one-time measure, the Bench ordered that the students belonging to the reserved category who have been admitted against the sanctioned seats in the aforesaid four Government Medical Colleges in excess of the reservation quota for Scheduled Castes be adjusted against reserved seats in any other Government Medical College.
“The resultant vacancy, if any, in these four Medical Colleges shall be offered for admission in the next round of counselling to candidates of other categories i.e. OBC and Unreserved”, it held while also adding, “Such Scheduled Castes candidates who cannot be adjusted as aforesaid, they shall be allowed to pursue their MBBS course for which they have been admitted in these four Medical Colleges, subject to further orders.”
The Bench further directed the respondent-petitioner belonging to the OBC category to be adjusted against one seat in the Medical College at Ambedkar Nagar, if she expressed her choice in writing to be so adjusted. “List this case in the 2nd week of October, 2025 when the appellants shall file an affidavit as to how this order has been implemented”, it concluded.
Cause Title: State Of U.P. v. Sabra Ahmad (Case No.: Special Appeal No. - 295 of 2025)