Madhya Pradesh HC Directs State To Complete Seat Enhancement Process In Private Medical Colleges And Provide EWS Reservation
Live LawIn a plea seeking EWS reservation in the state's Private Medical Colleges, the Jabalpur Bench of Madhya Pradesh High Court directed the State government and National Medical Commission to complete the process of increasing seats in such colleges and provide for EWS reservation in accordance with Union Health Ministry's notification. Let the process for enhancement of the seats in the private medical colleges in the State be completed within next one year so that the spirit of Article 15 and Article 16 of the Constitution of India can be implemented even in private medical colleges in the State of Madhya Pradesh without any further delay.” The present petition was filed by a 19-year old NEET aspirant candidate challenging the notification issued by the State Government by exercising powers under Section 12 of Madhya Pradesh Niji Vyavsayik Sanstha Adhiniyam, 2007 and making amendment to Madhya Pradesh Medical Education Admission Rules 2018 for the purpose of granting admission in private Medical Colleges in the State of M.P. Thus the petitioner is clearly estopped from challenging the notification at this stage when the entire admission process has been over and admission is closed for the Session 2024-25 in the Medical Colleges of the State, and he participated in all the stages of counselling carried out in pursuance to the impugned notification dated 02.7.2024.” Further, the court observed that since the number of seats in private medical colleges in Madhya Pradesh had not been increased to provide EWS reservation in terms with the medical education policy of the Government of India, it cannot be said that the notification dated 02.07.2024 violates Article 15 and Article 16 of the Constitution of India because the precedent condition as laid down by the Ministry of Health and Family Welfare i.e. Thus, the court directed the State and NMC to complete the process of enhancement of seats in the private medical colleges in the State subject to their infrastructure, to provide for EWS reservation.