The Madhya Pradesh High Court has directed the State to ensure that admission of in-service candidates to postgraduate medical courses is restricted to the 30% seats earmarked for them under the existing seat distribution framework. 

The division bench of Chief Justice Alpesh Kogje and Justice Vivek Jain observed:

"Considering the urgency with which the matter is required to be taken up and the ongoing process of allotment of seats, the Court deems it fit to direct that the Respondents shall ensure the allotment of branches/ subject to inservice candidates restricting to the seats of 30% as per the Government and Autonomous Medical Colleges of Madhya Pradesh - Category wise Seat Distribution of PG Degree vacancies (MD/MS) NEET PG-2026-2". 

The petitioner, who are fresh/non in-service candidates, have contended that the addition of service-based incentive marks to NEET PG scorers of in-service candidates artificially improves their merit positions, adversely affecting the prospects of fresh candidates despite their higher NEET PG scores. 

As per the petition, under Rule 14 of the MP Chikitsa Shiksha Pravesh Niyam, 2018, in-service candidates are entitled to incentive weightage based on their length of service. 

The petition stated that such weightage enhanced the scores of in-service candidates compared with those of fresh candidates, thereby extending them an additional advantage beyond the 30% quota. 

To illustrate the disparity, the petition referred to an example where an in-service candidate with AIR of 13865 was placed at merit position 333 after additional incentive marks. It was stated that such candidates were consequently placed in a position to opt for preferred postgraduate specialities ahead of fresh candidates who had secured higher marks. 

The petition also stated that the methodology adopted by the State is contrary to the 2018 Admission Rules and violated Article 14 of the Constitution. 

Taking note of the submission, the bench observed:

"It appears that the modus adopted by the respondent/Director for admitting the students to the course is having an effect by which the in- service candidates are getting dual benefit both in the quota of reservation of 30% and the addition of marks on the basis of their experience, which is causing great injustice to the fresh students who are having higher NEET PG score". 

Thus, the court permitted the petitioners to serve the respondents through service and email and directed the parties to complete their pleadings. 

The matter is listed for November 5, 20206 at 2:30 PM. 

For Petitioners: Senior Advocate Aditya Sanghi with Advocate Vinita Ahuja and Alka Singh

For State: Additional Advocate Generals Janhavi Pandit and BD Singh