Decide Petition Challenging Validity Of 100% Reservation In 600 PG Medical Seats On August 25: Supreme Court To MP High Court

A two-Judge Bench of Justice L. Nageswara Rao and Justice B.R.Gavai gave this order on an SLP preferred by the Association of Private Medical Colleges of the State of Madhya Pradesh.

The Association has challenged 100% reservation of PG Medical seats for domicile candidates of M.P. or those candidates who had completed their M.B.B.S. from any Medical college (Govt. or Pvt.).

The SLP had been preferred against the adjournment order passed by the High Court, through which the High Court had deferred the final hearing of the matter on the ground that issue of reservation for domicile candidates in PG Medical Courses Seats is pending consideration before the Larger Bench of the Supreme Court as per the reference made in the case of Dr. Tanvi Behl v. Shrey Goyal and Ors.

However, the Association pleaded before the Supreme Court that it had, in July, 2019, directed the High Court to expeditiously decide their Writ Petition challenging these clauses, but the matter kept on getting adjourned in the High Court for more than 2 years.

The State of Madhya Pradesh in their admission rules for admission to Private Medical and Dental Colleges have incorporated mandatory Eligibility conditions of being a domicile of the State of M.P. for admission to PG Medical/Dental Courses.

The said condition stands relaxed in the event of the availability of a candidate who has completed his M.B.B.S. from any Medical college of the State.

The seats get unlocked for admission to the students from other States and All India Merit List only after completion of the first round of counseling from the second round onwards, that too when the first two categories are exhausted.

In this backdrop, the Association of Private Medical Colleges challenged these clauses as ultra vires Article 19(1)(g) as also the Parent Act of M.P. Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007, being in excess of the delegation of powers to the rulemaking authority by the parent Act.

The Association further challenged the reservation on the ground that they are unpalatable and incompatible with their 'Fundamental Right to admit students of their choice', as the Colleges are forced to provide admission to the State domicile candidates to the important branches of the PG Medical Course (Clinicals).

In this way, the association argued, the Colleges are being precluded from giving admissions to far more meritorious candidates from the All India Merit List.

When the High Court declined to stay the counselling in the year 2019, the Association had approached the Supreme Court, which had, at the relevant point of time, directed the High Court to decide the matter 'as expeditiously as possible.

Counsel Siddharth R Gupta appearing for the Association pleaded that repeated adjournments and deferral of the hearings has brought them close onto the heels of the counseling process for PG Medical Courses for the year 2021-22 and it is extremely necessary that the High Court must be requested to take up the petition and decide at the earliest.

Gupta further pleaded that the issues agitated in the Writ Petition before the High Court by the Private Medical Colleges are of much wider import pertaining to their right to admit students from the All India Merit List and the category of students of their choice.