MP High Court Orders Medical College To Return Original Documents Of Student Who Wished To Leave His Seat & Return To Home State
The Madhya Pradesh High Court has directed Government Bundelkhand Medical College in Sagar to return the original documents of a student from Manipur along with No-Objection Certificate who stated that he wants to quit his three-year course in Second year and return to his home state due to unforeseen circumstances therein.The student had moved the high court after the college had asked him...
The Madhya Pradesh High Court has directed Government Bundelkhand Medical College in Sagar to return the original documents of a student from Manipur along with No-Objection Certificate who stated that he wants to quit his three-year course in Second year and return to his home state due to unforeseen circumstances therein.
The student had moved the high court after the college had asked him to deposit Rs. 30 Lakh to leave the seat invoking the provision of the Madhya Pradesh Medical Education Admission Rules 2018. The plea challenges the provision of the rules as ultra vires of Articles 14 and 19(1)(g) of the Constitution. As interim relief the plea sought a direction to the college to give back his original certificates immediately so that he can pursue the next post graduation course in his home state, during the pendency of the plea.
A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain while issuing notice on the plea in its order said, “The respondent No.3 is directed to return the original documents along with No Objection Certificate to the petitioner on due acknowledgement and the same shall remain subject to final outcome of the writ petition.”
According to the plea, the petitioner was granted admission in the course of MD (Physiology) in Government Bundelkhand Medical College, Sagar (Respondent No.3) in the Sessions 2022-23 from All India Quota as an OBC Category candidate. However, the petitioner has said that he wants to leave the seat for various personal reasons and circumstances and wants to re-appear in NEET (Pre-PG) Examination, 2025.
As per the plea, due to unforeseen circumstances in the State of Manipur which is the home State of the petitioner, the petitioner has to rush to his home State and has to pursue his further studies only in the North-East States of India because of his parents and female members in the family. It is stated that the petitioner had to take a decision to leave the seat in the interest of his family and stay in North-East as he is the only active male member in the entire family.
The petitioner had submitted all his original documents to the college at the time of admission. To pursue his further studies in the North-East, the NOC as well as the original documents are required immediately for admission. The said documents are being denied by Respondent No. 3 on the ground that as per the M.P. Chikitsa Shiksha Praves Niyam, 2018, an amount of Rs. 30 lacs have to be deposited.
Rule 15(1) (Kha) of M.P. Chikitsa Shiksha Praves Niyam, 2018 states that if a person leaves the seat allotted to him then he has to deposit Rs. 30,00,000/- as a seat leaving condition in favour of the college. It is contended that since the petitioner belongs to lower-strata of the society, it is not possible for him to pay such a hefty fee.
It is also contended that the State govt abolished the Rs. 30 lakh penalty rule in 2025 on advice of National Medical Commission.
Therefore, the petition has been filed on the ground that Rule 15(1) (Kha) of M.P. Chikitsa Shiksha Praves Niyam, 2018, in which a demand of Rs.30,00,000/- for leaving the seats of post-graduation by the petitioner is ultra vires to Article 14 (Right to Equality) & 19(1)(g) (Right to practise any profession, or to carry on any occupation, trade or business) of the Constitution of India.
Thus, the petitioner prayed to declare Rule 15(1) (Kha) of M.P. Chikitsa Shiksha Praves Niyam, 2018 as ultra vires to Article 14 & 19(1)(G) of the Constitution of India and to return original documents of the petitioner and grant him No-Objection Certificate.
During the hearing on April 8, the Court directed Government Bundelkhand Medical College, Sagar to return the original documents along with No Objection Certificate to the petitioner.
Case Title: Dr. Thongam Yaiphaba Singh Vs The State Of Madhya Pradesh And Others, Writ Petition No. 6922 Of 2025
Counsel for Petitioner: Senior Advocate Aditya Sanghi
Counsel for Respondent/State: Advocate Ritwik Parashar