NEET PG 2024: MP HC Orders Fresh Counselling of NRI Quota vacant Seats

New Delhi: Observing that the criteria formulated by the Madhya Pradesh Government for allotment of postgraduate medical seats under the NRI quota "fair" and "reasonable", the Madhya Pradesh High Court has directed the concerned authorities to hold fresh special counselling to fill up the vacant NRI quota seats in the National Eligibility-Entrance Test Postgraduate (NEET-PG) 2024 counselling and complete the admission process at the earliest.

Further, the HC Division Bench comprising Justices Sushrut Arvind Dharmadhikari and Anuradha Shukla also noted that without any challenge to the relevant rules, the Court could not interfere with the allotment of seats under the 15% NRI quota made by private medical colleges under its Article 226 jurisdiction.

"Moreover, 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," observed the High Court bench.

"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," it further noted.

Also Read: Selective Allocation of NRI Quota in PG Medical Courses- State Files response

Issuing directions to the authorities to hold a fresh counselling, the High Court bench mentioned in its order, "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."

These observations were made by the Court while considering a plea challenging the seat matrix by the private medical colleges in the State, published by the Director of Medical Education, where the procedure for choice filling and locking of seats was ordered to be commenced from November 23, 2024 till November 25, 2024.

The petitioner in this case cleared the All India NEET PG 2024. However, when the authorities opened the portal for filling uo the PG medical seats and published the seat matrix for the private medical colleges, instead of allowing the petitioner to raise objections as per Rule 5 of the Madhya Pradesh Chikitsa Shiksha Pravesh Rules 2018, they ordered to commence the process of choice filling and locking of seats directly from November 23-25, 2024.

Therefore, the petitioner claimed that this practice was illegal and arbitrary, while alleging that the authorities had manipulated the 15% quota meant for NRI students and consequently, there was reduction in the number of seats which was supposed to be allotted to meritorious students belonging to reserved as well as unreserved categories.

In this regard, the petitioner's counsel argued that the authorities violated the reservation policy and published the NRI Quota seats for the private medical colleges only for 8 branches instead of 22 branches, thereby restricting the 15% NRI Quota to 8 branches only. This resulted in shortage of seats meant for other categories because the application of the 15% NRI Quota rule selectively to 8 branches has increased the number of seats for students opting for NRI seats and therefore, reducing the number of seats in these 8 branches for the students belonging to reserved as well as unreserved categories.

Therefore, the counsel argued that the practice of differentiating between clinical and non-clinical branches and the arbitrary distribution of seats in 8 selective PG courses has led to a shortage of seats that would otherwise have been available if the authorities had followed the policy of reservation in letter of spirit.

Medical Dialogues had earlier reported that filing the plea before the High Court, a Bhopal-based doctor alleged that 15% of the seats in the private medical colleges of the State, which are reserved for the NRIs, are being allocated only to eight popular courses and not being evenly distributed among 22 branches. Back on 18.12.2024, the HC bench had ordered that the NRI quota seats should not be filled in the counselling for PG courses and be kept in abeyance till the delivery of the final order.

At this outset, the bench referred to the M.P. Niji Vyavsayik (Pravesh Ka Viniyaman Evam Shulk Ka Nirdharan) Adhiniyam, 2007 as well as M.P. Chikitsa Shiksha Pravesh Niyam, 2018 framed to regulate admission process in private medical and dental colleges in M.P. Rule 4(2) (ga) of the said Rules provides for category-wise reservation.

Meanwhile, Khand B of Schedule 2 provides that 15% quota in the NRI category shall apply to all the available courses in private medical colleges.

"The rules are silent in regard to allotment of 15% NRI quota branch-wise. Petitioner is unable to show any rule or provision which provides branch-wise allotment of seats under 15% NRI quota. 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," noted the bench.

Further, the bench also relied upon the judgment of the Supreme Court Constitution bench in the case of P.A Inamdar & Ors. Vs. State of Maharashtra & Ors (2005). In this case, 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.

This discretion was made subject to- (i) NRI Quota shall be utilized only and only for the NRIs and/or their wards (ii) and, within the NRI Quota, merit cannot be completely discarded.

Referring to this, the bench observed that "In the present case, the discretion was exercised by the respondents after satisfying the aforesaid twin conditions."

Accordingly, the bench dismissed the plea and vacated the interim order granted on 18.12.2024 and directed the authorities to hold fresh stray/special counselling for the vacant seats.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madhya-pradesh-high-court-268466.pdf

Also Read: Selective allocation of NRI Quota for PG medical courses- HC Issues Notice