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Madhya Pradesh High Court
Dr Maulshree Agrawal vs The State Of Madhya Pradesh on 2 February, 2026
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
WP No. 4078 of 2026
(DR MAULSHREE AGRAWAL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 02-02-2026
Shri Abhinav Malhotra with Himanshu Jain - Advocate for the
petitioners.
Shri Bhaskar Agrawal - Govt. Advocate for the respondent / State.
Office has raised the objection relating to territorial jurisdiction of the
Indore Bench.
Counsel for the petitioner argued that the present petition was filed at
Indore Bench because identical petition i.e. Writ Petition No.3499/2026 has
already been entertained by this Court and the notices have been issued and
interim relief is passed.
Counsel for the respondent / State argued that the same cannot be a
ground for entertaining a petition beyond the territorial jurisdiction.
After hearing learned counsel for the parties, instead of deciding the
question of territorial jurisdiction at this stage, we entertain the petition
because identical petition has already been entertained by this Court and also
considering the dates of the registration and counselling. The question of
territorial jurisdiction shall remain open.
Issue notice.
Since the respondent No.1 to 4 & 6 is represented therefore, no P.F is
required to be paid, whereas with regard to respondent No.5 & 7 learned
counsel for the petitioner submits that he has already supplied the copy of the
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petition to Shri Romesh Dave. Let the name of Shri Romesh Dave be
reflected for respondent No. 5 & 7 in the cause list.
In this instant petition filed under Article 226 of the Constitution of
India the petitioner has called in question the legality and validity of the
notification dated 03.09.2025 (Annexure P/10) passed in exercise of the
powers under Section 12 of the M.P Niji Vyavsayik Shikshan Sanstha
(Pravesh Ka Viniyam Evam Shulk Ka Nirdharan) Adhiniyam, 2007 whereby
the Schedule-I of the Madhya Pradesh Chikitsa Shiksha Pravesh Niyam,
2018 has been amended.
It is argued that by the learned counsel for the petitioner that said
amendment in Condition No.5 at Serial No.3 of Schedule-I of the Rules,
2018, an additional eligibility condition has been imposed to the effect that
only those candidates who have completed their MBBS degree from medical
colleges situated within the State of Madhya Pradesh shall be First eligible to
participate in counseling and take admission to NEET-PG courses, including
under the NRI quota. He further argued that such condition was not existing
prior to the said notification. The petitioner had participated in the NEET
examination 2025 and he is seeking admission to the PG course pursuant to
the said examination. He referred the last column of the Schedule-I of the
Niyam, 2018 to submit that in case if the candidates who have passed MBBS
examination from a medical college situated in Madhya Pradesh are not
available in the first round of counseling, the said condition shall
automatically stand relaxed. He stated that the candidates who have passed
MBBS examination from medical college of Madhya Pradesh are not
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available for the second or third round of counseling, therefore the name of
the petitioner ought to have been included in the list of candidates who are to
be called for the PG courses, for the same the registration will commence
from 30.01.2026 and counseling is scheduled from 02.02.2026 to
04.02.2026.
Shri Sudeep Bhargava, learned Dy. Advocate General for the
respondent/State submitted that the said relaxation mentioned in the last
column of Schedule-I of the Niyam, 2018 was applicable immediately after
the end of the first round of counseling in case the candidates are not
available. Since, the second round of counseling has already come to an end
therefore, the petitioner does not get any benefit of the relaxation.
After hearing learned counsel for the parties, prima-facie we are of the
view that relaxation mentioned in the last column relates to Condition No.5
of the Niyam, 2018 which provides eligibility for admission. In the event of
non-availability of candidates who had passed MBBS examination from a
recognised medical college of the State of Madhya Pradesh same would be
applicable after the end of the first round of counseling i.e second round of
counseling or subsequent thereto.
Considering the submissions of learned counsel for the petitioner that
he fulfills all the eligibility from Serial No.1 to 4, we direct that the name of
the petitioner would be registered for the purpose of counseling for PG
courses and the petitioner will be permitted to participate in the counseling
subject to fulfillment of other conditions. However, the result of the
petitioner shall not be declared without leave of this Court.
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It is informed that the result of the counseling will be declared on
06.02.2026. Considering the same, the matter be listed on 04.02.2026 .
List alongwith Writ Petition No.3499 of 2026.
Certified copy today.
(VIJAY KUMAR SHUKLA) (ALOK AWASTHI)
JUDGE JUDGE
Divyansh
