MP Private Medical Colleges challenge domicile validity for PG medical admissions: SC asks HC to decide

The SC directed the High Court to arrive at a decision on August 25 and dismissed the Special Leave Petition by the association of Private Universities in Madhya Pradesh, according to Livelaw report.

The association had earlier challenged the 100% reservation in PG medical admission for candidates belonging to Madhya Pradesh or at least completing the MBBS course from any medical college of the state.

The Apex Court bench comprising of Justice L. Nageswara Rao and Justice B.R. Gavai observed on Monday, "The High Court is requested to dispose of the writ petition on the said date i.e. 25.08.2021 as the matter pertains to the reservations in Post Graduate Medical Courses."

Such a direction from the Supreme Court comes as a response when the association approached the top court challenging the High Court order dated 04.08.2021. On that day, the HC had adjourned the matter noting that the question of law which is involved in the case is already under consideration of the larger Bench of the Supreme Court for pronouncement, which is fixed for hearing on 07.08.2021.

The case pending before the High Court concerned the provisions of the Madhya Pradesh Medical Admission Rules, 2018 notified and framed under the provisions of the Madhya Pradesh Niji Vyavsayik Sansthan (Pravesh Ka Vinyaman Evam Shulk Ka Nirdharan) Adhiniyam, 2007.

As per the rules, in order to secure a PG medical admission in Private Medical and Dental colleges, a candidate must be a domicile of the State. The condition however offers a relaxation as well for those candidates who have completed their MBBS course from any medical college of the State of Madhya Pradesh.

Thus, as per the rules, students from other states and those securing a rank in the All India Merit List becomes eligible to apply for the counseling process only after the first round of counseling gets completed and that too only when the first two categories become exhausted.

Seeking a stay on the counseling process, the association had challenged the rules contending that the reservation provided under the law for the domiciles of Madhya Pradesh in PG medical admission is contrary to the Supreme Court's observations in several other related cases.

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As per the latest media report by Live Law, the association had challenged the reservation contending that such rules were unacceptable and incompatible with the "Fundamental Right to admit students of their choice", as the rules forced the private medical colleges to admit students of the State domicile in the important branches of PG medical courses precluding far more meritorious candidates from the All India Merit List.

However, back in 2019, the HC had denied staying the counseling process and following that, the Association had approached the Apex Court regarding the matter.

The top court in an order dated 15.07.2019, had requested the High Court to dispose the petition expeditiously. At that time, the Apex Court had also noted that as the matter concerned a vital question of law its "resolution cannot brook any delay".

However, the fate of the PG medical admission in Madhya Pradesh is yet to be decided as the High Court has once again adjourned the matter on August 4 and listed the matter to be next heard on 25.

Thus the association filed a special leave petition before the SC bench and counsel Siddharth R Gupta, representing the association submitted before the Court that continuous adjournments and deferral of the hearings has resulted in a situation when the counseling process for 2021-22 is to be conducted soon.

Contending that the issues raised in the petition before the HC are of larger importance as they are connected to the rights of the private medical colleges for admitting students of their choice from the All India Merit List, the counsel for the association requested the Supreme Court to direct the HC for taking a decision in this regard at the earliest, adds Live Law.

After listening to these contentions, the Supreme Court on Monday requested the HC to take up the matter at the earliest and decide the matter of PG medical counseling in Madhya Pradesh on August 25, the next date of hearing in the High Court.

To read the order, click on the link below.