Madhya Pradesh HC Directs State To Complete Seat Enhancement Process In Private Medical Colleges And Provide EWS Reservation

In a plea seeking EWS reservation in the state's Private Medical Colleges, the Jabalpur Bench of Madhya Pradesh High Court directed the State government and National Medical Commission to complete the process of increasing seats in such colleges and provide for EWS reservation in accordance with Union Health Ministry's notification.

A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “…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. An outer limit of two years was prescribed for the said purpose but despite lapse of more than 4 years the process has not been carried out in the private Medical Colleges in the State which is causing heart-burn to EWS category students in the State and the present case before this Court is one such classic example. Let 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.”

The present petition was filed by a 19-year old 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 the purpose of granting admission in private Medical Colleges in the State of M.P. for the Session 2024-25.

The July 2 notification was challenged stating that the State Government has not carved out any reservation for the candidates of Economically Weaker Section (EWS) for admission to MBBS Course in the private medical colleges in the State. Though such reservation has been carved out for state's Government Medical Colleges, ancillary relief was sought that since in similar terms reservation is granted to candidates of Other Backward Classes (OBC) category in private Medical Colleges for MBBS seats, the candidates of EWS category should also be granted reservation to private medical colleges in the State.

It was contended that the meritorious EWS students are unable to secure admission in such private medical colleges though lesser meritorious OBC and NRI categories students are getting admissions in such private medical colleges in the State.

The petitioner submitted that by not granting reservation to EWS category in private medical colleges, the State Government has violated the mandate of 103rd amendment of the Constitution of India and has acted contrary to Article 15(6) and 16(6) of the Constitution of India.

It was further argued that once the State Government has decided to extend the benefit of EWS reservation in the medical education in the State, then such reservation which if restricted only to Government Medical Colleges in the State would violate Article 14 read with Article 15(6) of the Constitution of India.

Moreover, not only in the original process but also in the mop-up process, the seats are supposed to be filled up by the same category under which they fell vacant and since in the initial process there was no provision for EWS reservation in private medical colleges therefore, EWS category candidates like the petitioner could not get admission in private medical colleges in the State even in the mop-up round.

On the contrary, the counsel for the respondent argued that petitioner participated in the counselling process with open eyes and at the relevant time, he did not agitate any issue about there not being any EWS reservation in private medical colleges. It was only when he was not selected that he came up and challenged the counselling process by alleging that the reservation for EWS categories was not given in private medical colleges.

The counsel for the State contended that in the State of Madhya Pradesh there was never any EWS reservation in the private medical colleges since the year 2019 after enactment of 103^rd amendment of the Constitution of India which was well within the knowledge of the petitioner since very beginning, and even since the date he started preparing for NEET examination.

It was further contended that as per the Medical Education Policy framed by the Ministry of Health and Family Welfare, Government of India consequent to 103^rd Constitutional Amendment, 2019, the number of seats in each category prior to implementation of EWS reservation shall remain the same and for granting EWS reservation, additional seats are required to be created in the concerned medical college. Since in none of the private medical colleges in the State, the seats have been increased, therefore, the EWS reservation is being provided only in Government Medical Colleges where the seats have been increased in terms of the aforesaid policy.

The court after hearing the arguments said, “The petitioner must be having knowledge of non-availability of EWS reservation in private medical colleges of the State even on the date he started appearing for NEET examination but he did not choose to challenge the said policy matter at that point of time. He appeared in the NEET examination in the year 2024 and when the counselling policy and mechanism for the year 2024 was notified by the State Government then also the petitioner also did not wake up and suddenly woke up only when the entire counselling process was over in November 2024 and the petitioner failed to secure any seat for himself in MBBS Course. Thus the petitioner is clearly estopped from challenging the notification at this stage when the entire admission process has been over and admission is closed for the Session 2024-25 in the Medical Colleges of the State, and he participated in all the stages of counselling carried out in pursuance to the impugned notification dated 02.7.2024.”

Further, the court observed that since the number of seats in private medical colleges in Madhya Pradesh had not been increased to provide EWS reservation in terms with the medical education policy of the Government of India, it cannot be said that the notification dated 02.07.2024 violates 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, has not been carried out in private medical colleges so far.

Moreover, the National Medical Commission (NMC) had directed the Medical Colleges to not exceed their sanctioned intake to grant EWS category admissions. Therefore, 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 court thereafter took note of the fact that till date medical seats in private medical colleges have not been enhanced in terms with the Medical Education Policy of the Government of India which was framed to comply with the 103rd Constitutional amendment, and in absence of enhancement of the seats it is not possible for the State Government to provide EWS reservation in private colleges in the State of M.P.

The petitioner however, had argued that the Court should issue direction for enhancement of medical seats in private medial colleges. 

"Sanctioned intake in a medical college for medical seats depends on various factors that includes financial and physical infrastructural facilities in the medical colleges and its associated hospitals which have to be assessed by Medical Experts appointed by the National Medical Commission in accordance with the parameters and guidelines laid down by the said Commission. 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 Court said.

Thus, the court directed the State and NMC 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.

The court held that the aforesaid notification in question cannot be said to be in violation of 103rd amendment to Constitution of India. The petition was hence, dismissed.

The court however, gave a note of appreciation to the petitioner who despite being a 19-year old NEET aspirant argued his matter by referring to reservation policy, constitutional provisions and all the legal nuances applicable in the matter.

Case Title: Atharv Chaturvedi Vs. The State Of Madhya Pradesh And Others, Writ Petition No. 35264 Of 2024

Click Here To Read/Download Order