Kiran Raj

In an interim order dated January 6, 2025, the Madhya Pradesh High Court directed the state government and the Union of India to reopen the registration portal for NEET PG (MD/MS) Counselling 2024. This direction was issued to enable in-service candidates, who became eligible under revised criteria, to participate in the ongoing counselling process. The Court further ordered that the results of the second round of counselling, scheduled for January 7, 2025, be kept in abeyance until further orders.

The petitioners, a group of in-service doctors employed in rural areas of Madhya Pradesh, approached the Court alleging exclusion from the NEET PG 2024 counselling process due to procedural irregularities. The doctors, with experience ranging from 3 to 11 years, contended that their exclusion stemmed from the failure of authorities to reopen the registration portal following the issuance of a revised notification on January 4, 2025.

The notification had lowered the percentile requirement for General and EWS category candidates to 15 and for SC/ST/OBC/PwD candidates to 10. The petitioners submitted that under the revised criteria, they became eligible for participation in the counselling process but were denied an opportunity to register due to the portal’s closure.

The petitioners also pointed out that they were fulfilling their obligations as in-service doctors in rural areas, meeting state policy requirements for reservation in postgraduate medical courses. The inability to register, they argued, violated their legitimate right to participate in the selection process and contradicted established principles of procedural fairness.

The petitioners argued that their exclusion from the counselling process was arbitrary and discriminatory. They submitted that the state government and the Union of India had acted contrary to the notification that altered the eligibility criteria mid-process. The petitioners contended that procedural norms required authorities to reopen the registration portal to accommodate newly eligible candidates. They further submitted that the refusal to reopen the portal violated their fundamental rights under Article 14 of the Constitution, which guarantees equality and non-arbitrariness in administrative processes.

The respondents, represented by Additional Advocate General Smt. Janhvi Pandit, opposed the petition. They argued that the petitioners had failed to register during the initial counselling period and could not now claim the right to participate after the deadlines had lapsed. The respondents submitted that reopening the portal at this stage would disrupt the counselling process, delay the admission cycle, and disadvantage candidates who had adhered to the original deadlines.

The High Court, comprising Justice Sushrut Arvind Dharmadhikari and Justice Anuradha Shukla, examined the submissions and noted the following:

1. The eligibility criteria for NEET PG counselling were modified on January 4, 2025, enabling the petitioners to meet the revised requirements.

2. The refusal to reopen the registration portal appeared prima facie arbitrary, as it denied eligible candidates a fair opportunity to participate in the process.

3. Established legal principles dictate that procedural rules should not be altered mid-process without providing corresponding accommodations for affected candidates.

The Court observed:

"It is trite law that the rules/procedure as laid down cannot be changed in between. Thus, as per notice dated 04.01.2025, the petitioners cannot be prima facie deprived from participating in the second round of counselling."

The Court also considered the respondents' concerns about potential disruptions to the counselling schedule. However, it noted that procedural fairness takes precedence in ensuring that eligible candidates are not unfairly excluded.

The Madhya Pradesh High Court issued the following interim directions:

1. The state authorities and the Union of India were directed to reopen the registration portal for NEET PG counselling 2024, allowing the petitioners to register and participate in the process.

2. The petitioners were permitted to participate in the Madhya Pradesh State Combined NEET PG (MD/MS) Counselling 2024, subject to fulfilling all other requirements.

3. The Court directed that the results of the second round of counselling, scheduled to be declared on January 7, 2025, be kept in abeyance until further orders.

4. The respondents were instructed to implement the directives without delay, ensuring that the petitioners faced no further prejudice.

The Court observed that administrative authorities have a duty to ensure that procedural changes do not adversely affect candidates who were otherwise eligible under revised criteria. The Court noted that the denial of an opportunity to register under the revised rules violated the petitioners' right to equality and fairness in administrative action.

Case Title: Dr. Ayush Shrivastava & Ors. v. Union of India & Ors.
Case Number: WP No. 162 of 2025
Bench: Justice Sushrut Arvind Dharmadhikari and Justice Anuradha Shukla

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