NEET-PG 2024: Madhya Pradesh High Court Directs State To Conduct Fresh Counselling For Vacant NRI Quota Seats

The Jabalpur Bench of Madhya Pradesh High Court has directed the State's Department of Medical Education to forthwith conduct fresh counselling for vacant NRI Quota seats in the NEET-PG 2024 counselling.

In doing so, the court vacated its interim order passed on December 18, 2024 while dismissing a plea–questioning the procedure for filling up of such seats, on the ground that the criteria formulated for allotment of seats by the State Government appears to be fair and reasonable. It also noted that in the absence of any challenge to the relevant rules, the Court cannot interfere in the allotment of seats under 15% NRI quota made by the private medical colleges under its Article 226 jurisdiction.

The division bench of Justice Sushrut Arvind Dharmadhikari and Justice Anuradha Shukla observed, “Taking into consideration the peculiar facts and circumstances and further that the precious medical seats should not go in waste, when the country is facing acute shortage of doctors, the 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.”

As per the factual matrix of the case, the petitioner appeared for the All India NEET PG 2024 and cleared the examination. However, when the portal of filling up the seats in the PG Courses was opened by the respondents and the seat matrix for private medical colleges was published on 22.11.2024, instead of affording the petitioner an opportunity 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 commenced from November 23-25, 2024.

The counsel for the Petitioner contended that the respondents acted in gross violation of the reservation policy and published the NRI Quota seats for private medical colleges only for 8 branches instead of 22 branches, thereby restricting the 15% NRI Quota to 8 branches only. This practice resulted in shortage of seats meant for other categories because application of 15% NRI quota rule selectively to 8 branches has increased the number of seats for students opting for NRI seats and thus, reducing the number of seats in these 8 branches for the students belonging to reserved as well as unreserved categories. Therefore, it was alleged that the practice of differentiating between clinical and non-clinical branches and the arbitrary distribution of seats in 8 selective PG courses led to shortage of seats which otherwise would have been available.

The counsel appearing for the State supported the seat matrix vis à vis the NRI Reservation Policy which is followed by the respondents. The respondents opposed the prayer of the petitioner and submitted that the Central and State Governments are empowered to frame Rules regarding the NRI Quota. The objective behind the NRI quota is to enable the private educational institutions to have a reasonable surplus for its development activities and expend on institutional needs. It is submitted that the allocation of NRI seats is in conformity with the reservation policy set forth in Rule 4 and Rule 14 of the Madhya Pradesh Chikitsa Shiksha Pravesh Rules, 2018.

The counsel appearing for Respondent no.3/Shri Arvindo Institue Of Medical Science submitted that they have always adhered to all statutory norms, including those governing the allocation of NRI quota seats and maintains their commitment to highest standards of medical education and infrastructure development. It was further submitted that only 15% of the total seats are allocated for NRI quota, leaving 85% of the seats for regular allocation and hence it is not correct to assure that this quota seriously and adversely affects the opportunities of non-NRI candidates. It is submitted that the State Government is duty-bound to ensure the filling of all NRI quota seats, as the fees fixed by the Admission and Fee Regulatory Committee (AFRC) and Madhya Pradesh Private University Regulatory Commission (MPPURC) take into account the assumption of 100% occupancy of these seats. Thus, any vacancy in NRI seats would directly impact the financial viability of the institutions, creating challenges for their operational and infrastructural sustainability.

After hearing the parties, the court took into consideration the M.P. Chikitsa Shiksha Pravesh Niyam, 2018 framed in order to regulate admission process in private medical and dental colleges in M.P. The court mentioned Rule 4(2)(ga) of the said Rules which provides for category-wise reservation under Khand B of Schedule 2. It provides that 15% quota in the NRI category shall apply to all the available courses in private medical colleges. However, the rules are silent in regard to allotment of 15% NRI quota branch-wise.

“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.”, the Court said.

The court placed reliance on P.A. Inamdar v. State of Maharashtra wherein it was 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 court opined that the respondents have exercised discretion after satisfying the conditions laid down in the aforementioned case. “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...The petitioner is unable to prove any violation of rules or regulations. Since, the rules are silent with respect of branch-wise allotment of NRI Quota seats in private medical colleges and since the petitioner has not challenged the vires of the rules, therefore, this Court cannot interfere with the legality of the said rules in exercise of power under Article 226 of the Constitution of India,” the Court said.

Thus, the court vacated the interim order dated December 18, 2024 and dismissed the petition.

The court, however, directed the authorities to hold fresh stray/special counselling for the vacant seats and complete the admission process.

Case Title: Dr. Ojus Yadav Versus The State Of Madhya Pradesh And Others, Writ Petition No. 37985 of 2024

Click Here To Read/Download Order

Citation: 2025 LiveLaw (MP) 7