[Cites 1, Cited by 0]
Madhya Pradesh High Court
Amaltas Institute Of Medical Sciences ... vs The State Of Madhya Pradesh on 26 March, 2026
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 WP-7927-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
WP No. 7927 of 2026
(AMALTAS INSTITUTE OF MEDICAL SCIENCES THROUGH ITS DEAN DR. ABHILASH PITHAWA AND
OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 26-03-2026
Shri Kushagra Jain (through v.c.) and Shri Hemendra Jain - Advocate
for the petitioners.
Shri Pradyumna Kibe, GA for respondent/State.
Shri Yash Gupta, counsel for the intervenor.
On the previous date, Shri Romesh Dave, Deputy Solicitor General
was directed to seek instructions from the Secretary, Govt. of India, Ministry
of Health and Family Welfare Department, New Delhi for conducting the
special stray vacancy round of NEET PG Examination, 2025.
Considered the submission of counsel for petitioners that Bombay
High Court in the case of Vedantaa Institute of Medical Science in W.P.No.
3058/2026 has passed interim order and in pursuant to the said order of the
High Court, counseling of special stray vacancy round has been scheduled.
Shri Romesh Dave prays for further time to seek instructions and
submit that as per instructions, the matter is still pending before the
concerned Secretary.
Counsel for the petitioners argued that as per schedule of the
counseling, the last date for admission in the P.G. course is 31.03.2026 and
after the said date, the petition may render infructuous.
The operative part of the order passed by Bombay High Court in
W.P.No.3058/2026 is reproduced herein :-
2 WP-7927-2026
"5. We have considered the submissions. There is no order passed
by the Supreme Court till date which comes in the way of this
Court passing a similar order as has been passed in Writ Petitions
which concerns UG Course and PG Course including Writ Petition
filed by Dr. N.Y. Tasgaonkar Institute of Medical Science by way
of Writ Petition No.2668 of 2026 (order dated 26 February 2026).
A similar ad-interim Application had been made in those cases.
This Court has already taken a prima facie view with regard to
Rule 14 pertaining to PG Course and challenge to the circular
dated 24 July 2023 which had prohibited filling of vacancies to
Institutional Round. This Court has prima facie held that the said
circular was in the form of an Executive Instruction and could not
operate in a manner that would run counter to the said Rule which
permits holding of Institutional Level Rounds. The prima facie
view expressed by this Court would equally apply here. This in
view of, there being vacant seats which are to be filled up by the
petitioner Institutions in the given/captioned matters.
6. We direct the respondent No.5-State CET Cell to take necessary
steps to act in accordance with Rule 14 of the said Rules framed
under the Maharashtra Unaided Private Professional Educational
Institutions (Regulation of Admissions and Fees) Act, 2015
for filling up the vacant seats by the Petitioner Institutions after the
CAP Rounds/Stray vacancy Rounds which have come to an end.
This be done with prior approval of the Competent Authority not
later than one week from the uploading of this order. Accordingly,
ad-interim relief is granted in these Petitions in terms of prayer
clause (h) of the Petition.
7. The Respondent shall file their affidavit-in-reply to the Writ
Petitions within a period of three weeks from the date of this
order. The Petitioner is at liberty to file rejoinder thereto within a
period of one week thereafter. "
Similar directions are issued in the present case and directions
contained in para Nos.5, 6 and 7 shall apply mutatis mutandis in the present
case and competent authority shall proceed as per directions contained in the
aforesaid paras of the order.
Counsel for the petitioners further pointed out that respondent may
3 WP-7927-2026
also be directed to consider the interim order dated 25.2.2026 passed in the
present case.
Relevant part of the interim order is reproduced as under :
"As an interim measure, again it is reiterated that in the subject in
which vacancy is there, and if there is no other legal impediment,
respondent shall adhere to the provisions of Rule 14(a)(2) of the
Rules, 2018 for admission in PG subjects."
The authority shall also consider the said interim order while taking
into consideration the decision as per direction of the Bombay High Court.
List in the week commencing 20.04.2026.
On the said date, parties shall apprise this Court about latest
development in the present case.
(VIJAY KUMAR SHUKLA) (ALOK AWASTHI)
JUDGE JUDGE
MK
