Madhya Pradesh High Court Stays Filling Of NRI Quota Seats In NEET-PG 2024 Counselling Till Final Verdict Is Passed

In an interim order on Wednesday (December 18) the Jabalpur Bench of Madhya Pradesh High Court stayed the filling up of seats under the NRI Quota in the NEET-PG 2024 counselling, till the final judgment is passed. The division bench of Justice Sushrut Arvind Dharmadhikari and Justice Anuradha Shukla observed, "Taking into consideration the fact that the matter has been heard and reserved today and final decision may take sometime, therefore, in the interest of justice and with a view to avoid creation of third party rights, we are of the considered opinion that till the delivery of final order, the seats falling under NRI quota shall not be filled in the ensuing counselling of PG courses and be kept in abeyance.”During the hearing on Wednesday (December 18), the counsel for the petitioner submitted that the respondents are proceeding with the counselling process and there is every likelihood of filling up of seats falling under NRI quota by tomorrow or nearby dates, therefore, till pending decision of this petition, the respondents be restrained from filling up the seats falling under NRI quota in ensuing counselling of PG courses.On the contrary, the counsel for respondents opposed the submissions made my petitioners.The interim order was passed in a petition filed by a doctor who had passed his MBBS exam and wanted to pursue a postgraduate course. The petitioner appeared for the All India NEET PG 2024 and cleared the examination. However, it is claimed by the petitioner that when the portal of filling up the seats in the PG Courses was opened by the respondents and the seat matrix for private medical colleges was published on November 22, instead of giving opportunity to raise objections as per Rule 5 of the Madhya Pradesh Chikitsa Shiksha Pravesh Rules 2018, directly the procedure for choice filling and locking of seats was commenced from November 23-25. Thus, the petitioner claimed that the practice adopted by the respondents was illegal and arbitrary practice. It was alleged that the respondents have manipulated the 15 % quota meant for NRI students and thus, there is a reduction in the number of seats which were supposed to be allotted to meritorious students belonging to reserve as well as unreserved categories.As per the petitioners, the respondents have acted in gross violation of the reservation policy and published the NRI Quota seats for private medical colleges only for 8 branches instead of 22 branches and have applied the 15% NRI Quota to these 8 branches only. This practice has resulted in shortage of seats meant for other categories because selective application of 15 % NRI quota rule selectively to 8 branches have increased the number of seats for students opting for NRI seats and thus, reducing the number of seats in these branches which otherwise would have been available to the students belonging to other categories including SC, ST, OBC, EWS and Unreserved. Thus, it is alleged that the practice of differentiating between clinical and non-clinical branches and arbitrary distribution of seats in 8 selective PG courses is leading to shortage of seats which otherwise would have been available if the respondents would have followed the policy of reservation in letter and spirit.Case Title: Dr. Ojus Yadav Vs The State Of Madhya Pradesh And Others, WP No. 37985 of 2024Click Here To Read/Download Order

Madhya Pradesh High Court Stays Filling Of NRI Quota Seats In NEET-PG 2024 Counselling Till Final Verdict Is Passed

Anukriti Mishra

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