SC issues notice to State of MP & MCI on rule mandating 100 % reservation of domicile students in PG Medical courses

The MP high court had refused to interfere in the issue on account of a similar matter being pending before the constitution bench of the Supreme Court.

A supreme court bench consisting of Justices Nageshwar Rao and Gavai issued notices to the State of Madhya Pradesh  and the Medical Council of India (MCI) on the validity of 100% reservation for students domiciled and residing in the State for PG Medical Course offered by colleges in the State.

The petitioners herein challenged the rules  so mandating this reservation as well as the the Parent Act of M.P. Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007, being in excess of delegation of powers to the rule making authority to the act.

The condition ensures that the meritorious students from outside of the State whose name feature in the all India merit list, would get preference only after the completion of admission of those students who are domiciled in the State.

The petitioners have challenged these clauses as being ultra vires to the Constitution on the ground that it is violative of Article 19(1)(g) which provides for any citizen to practice any profession or to carry on any occupation, trade or business. 

The petitioners have also challenged these clauses on the ground that they are violative of the institution’s right to admit students of their choice as they are being forced to grant admissions to students who are domiciled in the State for important Post Graduate Medical Courses. It further states that the institutions are being forced to grant admissions to  the less meritorious students from the State. 

The bench was hearing a Special Leave Petition (SLP) filed by Private Medical Colleges of the State which is represented the Association of Private Medical Colleges of the State. This SLP is filed against the order of Madhya Pradesh High Court  where the division bench of the court had held that in the light of a similar issue being pending before a constitution bench of the Supreme Court in Dr.Tanvi Behl, the matter must be decided there and may not be dealt in the High Court. 

It is agains this order of the High Court that the Petitioners approached the Supreme Court. 

Case Title: Association of Private Universities of Madhya Pradesh & And Vs State of Madhya Pradesh & Ors.