The Madhya Pradesh High Court recently directed the Medical Commission to complete the process of enhancement of seats in the private medical colleges in the State subject to their infrastructure and to provide for EWS reservation in such medical colleges in line with clause (c) of the notification dated January 29, 2019 issued by the Government of India, Ministry of Health and Family Welfare.

The Petition before the High Court was filed by a NEET aspirant candidate challenging the notification issued by the State Government by exercising powers under Section 12 of Madhya Pradesh Niji Vyavsayik Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 and making amendment to Madhya Pradesh Medical Education Admission Rules 2018 for granting admission in private Medical Colleges in the State of M.P. for the Session 2024-25.

The Division Bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain said, “It is, therefore, clear that there has to be a seat intake enhanced and sanctioned by the NMC and there cannot be any implied or unilateral increase of seats to grant admissions under EWS category.”

The Petitioner appeared in person while Additional Advocate General Janhavi Pandit appeared for the respondents-State.

It was the petitioner’s case that the State Government has not carved out any reservation for the candidates of the Economically Weaker Section (EWS) for admission to MBBS Course in the private medical colleges in the State of M.P. and though such reservation has been carved out for the Government Medical Colleges in the State of M.P. Ancillary relief was also sought that in similar terms since reservation was granted to candidates of Other Backward Classes (OBC) category in the private Medical Colleges for MBBS seats, the candidates of EWS category should also be granted reservation to private medical colleges in the State.

The petitioner, a 19-year-old young adult referred to the relevant provisions of law including Article 14 and 15 of the Constitution of India and the provisions engrafted by 103rd Constitutional Amendment Act 2019. He had appeared for the NEET examination in the General-EWS category and secured 92.9579475 percentile marks. His NEET all India rank was 163996 and his rank in his category of GENEWS was 21679 in the NEET Examination held in the year 2024.

It was his case that in the respondent Medical College which is a Private Medical College situated at Jabalpur, the last student to be admitted under unreserved open category was having 558 marks and in the said medical college the candidate under unreserved- Government School category was admitted having marks upto 489 in NEET examination 2024. It was contended that if the EWS reservation had been provided in the said medical colleges, then the petitioner would certainly have got a seat under GEN-EWS category in the said medical College or any other private medical college in the State.

The State raised the plea of estoppel by contending that the petitioner participated in the counselling process with open eyes, the notification was issued prior to the start of the counselling process and at the relevant time, the petitioner did not agitate any issue about their not being any EWS reservation in private medical colleges and participated in counselling process without any demur. It was only when he was not selected, that he came up and challenged the counselling process.

Considering the fact that the number of seats in private medical colleges in the State had not been increased to provide EWS reservation in terms with the medical education policy of the Government of India, the Bench held that it couldn’t be said that the notification violated Article 15(6) and Article 16(6) of the Constitution of India because the precedent condition as laid down by the Ministry of Health and Family Welfare i.e. enhancement of intake of seats, had not been carried out in private medical colleges so far.

The Medical Colleges had started admitting students under EWS category without getting their intake increased. In such situation, the National Medical Commission (NMC), directed the Medical Colleges to not exceed their sanctioned intake to grant EWS category admissions. “It is, therefore, clear that there has to be a seat intake enhanced and sanctioned by the NMC and there cannot be any implied or unilateral increase of seats to grant admissions under EWS category”, the Bench said.

Reference was also made to the judgment of the Apex Court in Janhit Abhiyan Vs. Union of India (2025) whereby the applicability of EWS reservation in private medical institution has been upheld.

It was further noticed that currently medical seats in private medical colleges have not been enhanced in terms of the Medical Education Policy of the Government of India which was framed to comply with the 103rd Constitutional amendment, and in the absence of enhancement of the seats it was not possible for the State Government to provide EWS reservation in private colleges in the State of M.P.

“It is not in the domain of the Court to decide that which medical College should have how many seats and whether a particular medical college should have its seat enhanced, because it is in the domain of the concerned academic Council i.e. NMC. Thus, this court cannot give any direction either to the National Medical Commission or to the respondent No. 7 Medical College or to the State Government to enhance the seats in respondent No. 7 private medical college or in other private medical college in the State”, the Bench said. It was further clarified that the petitioner obviously didn’t fall in the category of government school student and thus, couldn’t claim any parity with the students falling in the government school category for which 5% horizontal reservation had been carved out by the State Government.

Finding the notification in any manner didn’t violate 103rd amendment to Constitution of India, the Bench dismissed the Petition and held, “However, in the interest of justice, we direct that the respondent No. 1 to 7 to complete the process of enhancement of seats in the private medical colleges in the State subject to their infrastructure, to provide for EWS reservation in such medical colleges in line with clause (c) of notification dated 29.01.2019 issued by the Government of India, Ministry of Health and Family Welfare.”

The Bench further ordered that the process for enhancement of the seats in the private medical colleges in the State be completed within next one year so that the spirit of Article 15(6) and Article 16(6) of the Constitution of India can be implemented even in private medical colleges in the State of Madhya Pradesh without any further delay.

“Before parting with the matter we give a note of appreciation to the petitioner in person who despite being a young 19 year old NEET aspirant, argued his matter by referring to reservation policy, constitutional provisions and all the legal nuances applicable in the matter”, it concluded.

Cause Title: Atharv Chaturvedi v. The State of Madhya Pradesh and Others ( Case No.:WRIT PETITION NO. 35264 OF 2024)

Appearance:

Petitioner: Petitioner-in-person Atharv Chaturvedi

Respondent: Additional Advocate General Janhavi Pandit, Advocate Ritika Chouhan

Click here to read/download Order


Madhya Pradesh HCJustice Suresh Kumar KaitJUSTICE VIVEK JAINNEET

Tulip Kanth

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Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.