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Madhya Pradesh High Court
Dr. Ankit Goswami vs The State Of Madhya Pradesh on 13 February, 2026
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2026:MPHC-IND:4609
1 WP-3499-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
&
HON'BLE SHRI JUSTICE ALOK AWASTHI
ON THE 13th OF FEBRUARY, 2026
WRIT PETITION No. 3499 of 2026
DR. ANKIT GOSWAMI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Abhinav Malhotra - Advocate for the petitioner.
Shri Pradyumna Kibe - GA for the State.
WITH
WRIT PETITION No. 4078 of 2026
DR MAULSHREE AGRAWAL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Abhinav Malhotra - Advocate for the petitioner.
Shri Pradyumna Kibe - GA for the State.
ORDER
Per: Justice Vijay Kumar Shukla
The present petitions are filed challenging the vires of the gazette
Notification dated 3.9.2025 whereby the Condition No.5 was inserted in
Column No.2 of Schedule I whereby an additional eligibility condition has
been imposed to the effect that only those candidates who have completed
NEUTRAL CITATION NO. 2026:MPHC-IND:4609
2 WP-3499-2026
MBBS degree from medical colleges situated from the State of MP shall be
first eligible to participate in the counselling and to take admission to NEET
PG Courses under the NRI quota.
This Court, on 29.1.2026 and 2.2.2026, after hearing learned counsel
for the petitioners, issued the notices and passed an interim order directing
registration of the name of the petitioners for the purpose of counselling for
PG Course, and direction was further given that the petitioners will be
permitted to participate in the counselling subject to fulfillment of the other
conditions. However, the result of the petitioners was directed not to be
declared without leave of the Court. Today, the respondents have filed the
reply in WP No.3499/2026, and paragraphs 2 to 5 of the reply are relevant,
which are quoted as under:-
"2] It is submitted that as per the clarification provided in
Column No.3 of the said Notification, Condition No.5 is
applicable only for the first round of counselling. For the second
and third rounds of counselling, the said condition stands relaxed,
and the seats are open for all eligible candidates.
3] It is further submitted that the Petitioner has already
participated in the third round of counselling, and the result is
scheduled to be declared on 16.2.2026. If the college and branch
opted by the petitioner as per his choice filling are available and
his name appears in the merit list, the seat shall be allotted to him
strictly in accordance with merit and availability.
4] It is also submitted that in case the initial choices filled by the
petitioner are not available, he shall be considered for allotment on
the basis of seats available in the concerned college and branch
only at the time his name is reached in the merit list, and the
allotment shall be made accordingly, in further round of
counselling i.e. stray vacancy round.
5] Thus, the challenge raised by the petitioner to condition No.5
is misconceived, inasmuch as the said ondition operates only in
the first round of counselling with the limited object of protecting
NEUTRAL CITATION NO. 2026:MPHC-IND:4609
3 WP-3499-2026
the rights of domicile candidates of Madhya Pradesh who have
completed their MBBS from medical colleges situated in the
State, so that they are not deprived of their opportunity at the
intial stage."
From the aforesaid paragraphs, it is clear that Condition No.5 at Serial
No.3 of Schedule I of the impugned Notification is applicable only for the
first round of counselling. For the second and third rounds of counselling,
the said condition stands relaxed, and the seats are open for all eligible
candidates.
Considering the same and the admitted fact that in the present case, the
counselling is going on for third round and subsequent to that, it is directed
that the result of the petitioners shall be declared and the petitioners shall be
permitted to appear in the cousnelling as per merit and to permit them to
appear in the counselling in the relevant subjects of P.G. as per their inter-se
merit.
With the aforesaid direction, the writ petitions are disposed of.
(VIJAY KUMAR SHUKLA) (ALOK AWASTHI)
JUDGE JUDGE
VM
