Madhya Pradesh HC quashes quota for State MBBS students in PG for breaching 50 percent cap

The Madhya Pradesh High Court on Wednesday ruled that there cannot be a reservation of more than 50 percent of the total postgraduate (PG) seats in private medical colleges under NRI, in-service or institutional preference categories [Sawan Bohra and Another v State of MP and Others].

The Division Bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf quashed an amendment notification issued by the State government for 100 percent institutional preference on postgraduate medical seats in private colleges for students who have studied MBBS in colleges located in Madhya Pradesh. 

The Court said it was clearly impermissible as per the law laid down by the Supreme Court.

“We hold that the amended provision notified on 3rd September 2025 does not conform to the directions issued by the Supreme Court in Tanvi Behl(supra) inasmuch as it makes a reservation of 100% of the seats in one form or the other. Accordingly, we hold that reservation in all categories cannot exceed 50% of the total seats in Private Medical Colleges (including 15% NRI quota and 30% in-service candidate seats),” the Court said.

The judgment was passed on a petition challenging the notification.

It was submitted before the Court that one of the eligibility conditions for admission to such PG seats was that the student should have qualified MBBS from a medical college situated in the State of Madhya Pradesh. 

There was an exception to the clause that in case sufficient number of students are not available in the first round of counselling, then the said restriction would not apply in the second round, the Court was told.

However, it was contended that there are limited number of PG seats and they are likely to get filled by way of reservation/preference given to the students who have qualified MBBS from medical colleges in Madhya Pradesh.

In response, the State said there was no 100 percent institutional preference but it was a case of sequential preference.

It further said that the State wants to retain and advance the talent trained within the region. The State government argued that the medical students trained in Madhya Pradesh are better suited to the State's healthcare landscape including regional diseases, patient profiles and institutional protocols.

However, the Court agreed with the petitioners’ submission that the seats were likely to be filled in the first round.

“In the instant case, by the impugned amendment notification, State has prescribed an eligibility condition of having qualified MBBS from a college situated in the State of Madhya Pradesh which amounts to an institutional reservation/preference. Though the contention on behalf of the State is that there is a proviso to the said restriction that in case sufficient numbers of students are not available in the first round, said seats would be made available to open category candidates in the second round of counseling, but the said relaxation is superficial. Giving institutional preference in first round would most likely entail filling up of all the Postgraduate seats from institutional candidates who have qualified MBBS from colleges within the State of Madhya Pradesh as the number of Postgraduate seats are far less than the MBBS seats,” it said.

Further, the Court noted that as per amended rules, a candidate who has not registered for the first round is not eligible to participate in the second or further rounds of counselling. It added that only candidates who have studied MBBS in Madhya Pradesh colleges are allowed to participate in the first round of counselling.

“Since they are ineligible to participate in the first round, they cannot register prior to the first round and if they have not registered for the first round, then they cannot participate in the second round and thereafter. This clearly establishes that none of the candidates who have not qualified their MBBS from colleges situated in Madhya Pradesh can participate in counseling of the Postgraduate seats in Private Medical Colleges. Even if they were permitted to participate there would hardly be any seat left after the first round of counselling,” it said.

The Court noted that out of the 1026 seats, 15 percent seats have been reserved for NRI quota, 30 percent for in-service candidates and the remaining seats are to be preferentially allotted based on institutional preference. 

This implies that all 100% seats in private medical colleges in Postgraduate courses have been reserved in one category or another, it added.

“Clearly, as the reservation in private colleges in one form or other exceeds 50%, same cannot be countenanced,” the Court ruled, while holding the amended rule to be unconstitutional.

Considering the judgment, the Court granted relief to the petitioners.

“The petition is accordingly allowed in the above terms. The respondent state is directed to permit the petitioners as well as other similarly situated candidates to register for the purposes of counseling and participate in the same. There shall be no reservation exceeding 50% of the total seats in postgraduate courses in private medical colleges including all the categories i.e. NRI, In-service and Institutional preference,” it ordered. 

Meanwhile, the Court clarified that the judgment was limited to admissions in private medical colleges.

Senior Advocate Shashank Verma with Advocates Yashovardhan Singh and Avi Singh represented the petitioners.

Deputy Advocate General BD Singh appeared for the State.

Advocate Dheerendra Mishra also appeared for a respondent.

[Read Judgment]