MP High Court Cancels 100% Institutional Preference in PG Medical Seats for Breaching 50% Cap

The Madhya Pradesh High Court has struck down a State government rule that gave 100% institutional preference to students who completed their MBBS from medical colleges in Madhya Pradesh for admission to postgraduate (PG) courses in private medical colleges.

A Division Bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf held that such a rule was illegal and violated the Supreme Court’s directions, especially the principle that total reservations cannot cross the 50% limit.

What the Court Held

The Court said the amendment notified on 3 September 2025 was completely against the Supreme Court’s ruling in Tanvi Behl, which clearly states that reservations—whether in the form of quotas or eligibility-based preferences—cannot exceed 50% of total seats.

As per the amended State rules:

• 15% of seats were earmarked for the NRI quota
• 30% for in-service candidates
• The remaining seats were allocated through institutional preference to MBBS graduates from Madhya Pradesh

This meant that all PG seats (100%) in private medical colleges were blocked in different forms of reservation, leaving no real opportunity for open category candidates from outside the State.
The Court found this unconstitutional.

Why the Court Intervened

Petitioners argued that because PG seats are limited, almost all seats would get filled in the first round by candidates who studied MBBS in the State. Even though the government claimed that non-MP candidates could be considered in later rounds if seats remained vacant, the Court called this “superficial”.

The Court noted:

• Only candidates eligible for the first round (i.e., MBBS from MP colleges) could register.
• Those who cannot register for round one cannot participate in later rounds.
• Therefore, candidates who studied MBBS outside MP would, in practice, never get a chance.

Thus, the rule created a complete barrier for students from outside Madhya Pradesh.

State’s Argument Rejected

The State government defended the rule saying:

• It was not a 100% quota but a “sequential preference”.
• Students trained in Madhya Pradesh are more familiar with the State’s healthcare needs and disease patterns.

However, the Court held that this “sequential preference” effectively amounted to total institutional reservation, leaving no meaningful seat for others.

Final Directions

The Court allowed the petitions and directed:

• The State must allow petitioners and similarly placed students to register and participate in counselling.
• There should be no reservation exceeding 50% in PG admissions in private medical colleges, including NRI, in-service, and institutional preference categories.
• The ruling applies only to private medical colleges, not government colleges.

Senior Advocate Shashank Verma and Advocates Yashovardhan Singh and Avi Singh appeared for the petitioners. Deputy Advocate General BD Singh represented the State.