NEET-PG 2025: MP High Court Issues Notice On Plea Against Notification Barring Participation Of Non-State MBBS Graduates In Counselling

The Madhya Pradesh High Court, on Monday (December 1), issued notice on a plea by two MBBS graduates challenging the notification and advisory that bars candidates who completed MBBS outside the State from participating in the first round of NEET-PG 2025 counselling for admission in the Government Medical College. 

The division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf granted four weeks time to the Director of Medical Education and the State Government to file their replies and listed the matter for January 2, 2026. 

The petitioners completed their MBBS degree in Gujarat, and post completion of their internships, petitioner no. 1 registered with the Gujarat Medical Council while petitioner no. 2 obtained registration with the MP Medical Council. 

Both candidates subsequently appeared for NEET-PG 2025, secured high ranks and became eligible for the counselling process. Initially, counselling was scheduled between October 24 and November 22, 2025. The Director of Medical Education published the detailed counselling schedule; however, the first round, slated for November 9, 2025, was postponed until further notice. 

On October 28, 2025, an advisory was issued, which under point 12 stipulated that "only candidates who had completed their MBBS from institutes within Madhya Pradesh" would be permitted to participate in the first round of counselling. 

Point 13 further stated that candidates who obtained their MBBS degree from institutions outside the State would be allowed to participate only in the subsequent rounds, and even then, preference would be given to those who studied in Madhya Pradesh. 

Additionally, a gazette notification dated September 3, 2025, issued by the Department of Technical Education, Skill Development and Employment, provided that candidates who have completed their MBBS outside Madhya Pradesh could be allotted seats only if candidates who studied their MBBS within the State were unavailable. 

According to the petition, these restrictions conflict with the Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Evam Shulk ka Nirdharan) Adhiniyam, 2007, which grants preference based on domicile and not place of study. Since both petitioners are domiciled in Madhya Pradesh, they should be allowed to participate fully in all rounds of counselling. 

However, due to the September 3, 2025, notification, the petitioners would not receive preference and would be considered for seats only if candidates who completed their MBBS within the State were unavailable. 

The petitioners asserted that the State has indirectly created a 100% institutional reservation for candidates who completed their MBBS in Madhya Pradesh, which is contrary to the Supreme Court guidelines. 

Therefore, the petition claimed that these Rules and Notifications violated Articles 14 and 19(1)(g) of the Constitution by being irrational, arbitrary and discriminatory. Accordingly, the petition sought a declaration that the September 3, 2025, amendment was ultravires as well as points 12 and 13 of the October 28, 2025, Advisory were unconstitutional. 

Last month, the High Court had declared the amendment introduced in the MP Medical Education Admission Rules, 2018, which barred students who have completed their MBBS from institutions outside Madhya Pradesh from seeking admission to post-graduate medical courses in the private colleges in the State, as unconstitutional.

Case Title: Dr Vivek Jain v State of Madhya Pradesh [writ petition 46051 of 2025] 

For Petitioners: Senior Advocate Aditya Sanghi with Advocate Aditya Sanghi

For State: Deputy Advocate General B.D. Singh

Click here to read/download the Order