How can reservation be ignored?- SC orders provisional MBBS admission to EWS student

New Delhi: Noting that a NEET-qualified candidate could not get admission under the Economically Weaker Section (EWS) category in private medical colleges due to the absence of any reservation policy, the Supreme Court recently invoked its powers under Article 142 of the Constitution to grant relief.

The top court directed the National Medical Commission (NMC) and the Madhya Pradesh government to give provisional admission to the 19-year-old student under the EWS category.

The three-judge bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice NV Anjaria criticised the State government for keeping the EWS reservation policy for private colleges "under consideration" and denying admission to the candidate.

Expressing strong displeasure, CJI said, "If the private colleges don't follow [reservation policy], close them. Put a lock on them! Very simple. How can the reservation policy be ignored?" The bench also warned the State not to spoil the student’s career.

Also read- Must be no 'devious reason': Supreme Court directs NBE to explain NEET PG 2025 reduced cutoff

The apex court was hearing a petition filed by the NEET-qualified student, who said that even after clearing the NEET exam twice, he was unable to secure an EWS seat in a private medical college because the State had not framed any policy to implement EWS reservation in private medical institutions.

Atharva cleared NEET 2024–25 with 530 marks out of 720 as an EWS candidate, as per TOI report

When he approached the Madhya Pradesh, the bench declined his plea on the ground that seats in private colleges have not been enhanced to accommodate the EWS quota.

Disappointed over the ruling, the petitioner approached the apex court and was present in person in the court during the hearing session, reports Live Law.

When the bench asked the state about its stance, the opposing counsel for the state said that, as far as private colleges are concerned, the policy is still under consideration.

Reacting strongly, the Chief Justice of India (CJI) said that if private colleges do not follow the reservation policy, they should be shut down. “If the private colleges don't follow it, close them. Put a lock on them! Very simple. How can reservation policy be ignored?” the CJI remarked.

The State counsel responded that their concern was that students should not be exploited later. To this, the CJI said, “You bring that private college before us!” When the counsel added that the process of framing guidelines is still ongoing, the CJI cautioned the State not to spoil the petitioner’s career, saying, “Don’t spoil the career of this boy.”

Finally, the State argued that the petitioner had participated in the counselling process, knowing the conditions and therefore could not challenge it later. However, the bench was not convinced by this argument and issued notice to the state government and the apex medical commission, directing them to provide provisional admission to the petitioner.

The bench observed,

"The petitioner is a young boy belonging to Economically Weaker Section. He has qualified the NEET exam twice, but is unfortunate to get admission in MBBS course on account of one [or the other reason]. In the first exam, admission could not be granted on the ground that in the notification dt. 2 July 2024, the state government had not carved out any reservation for EWS candidates...National Medical Commission and State of Madhya Pradesh through the Dept. of Medical Education are directed to ensure that the petitioner is provisionally admitted to MBBS course strictly as per his EWS rank in the session 2025-26, subject to deposit of fee, etc."

Also read- After Backlash, Maha Govt scraps 10 percent EWS Reservation in Private Medical Colleges

Meanwhile, speaking to TOI, Atharva Chaturvedi, 19, the NEET aspirant recalling the moment he stood before the country's highest court said, "I didn't argue emotionally - I simply placed the law as it is."