IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE MANINDER S. BHATTI

th

ON THE 8 OF JANUARY, 2026

WRIT PETITION No. 49460 of 2025

DR. ANIKET AGRAWAL AND OTHERS

Versus

THE STATE OF MADHYA PRADESH AND ANOTHER

Appearance:

Shri Manan Agrawal - Advocate for the petitioners.

Shri Kamalnath Nayak - Panel Lawyer for the respondent No.1/State.

Shri Aditya Pachori - Advocate for the respondent No.2.

ORDER India;

This is a petition by the petitioners while praying for the following

reliefs:

"7.1 To issue Writ in the nature of Mandamus directing the respondents to reopen the online application window for recruitment to the post of Medical Officer pursuant to Advertisement No. 09/2024 dated 08.08.2024 (as amended), so as to permit eligible MBBS degree holders, including the petitioners, who acquired the requisite minimum qualification after the earlier cut-off

date, to participate in the selection process;

7.2 In the alternative, direct the respondents to revise/extend the cut-off date for determining mandatory educational eligibility, so as to include candidates who acquired their MBBS degree up to a reasonable and rational date, inconsonance with the academic calendar and prevailing recruitment practices; 7.3 Declare that exclusion of the petitioners from the selection process, despite non-finalization of recruitment, delay in holding examination and enhancement of vacancies, is arbitrary, unreasonable and violative of Articles14 and 16 of the Constitution of

7.4 Any other relief which this Hon'ble court deems fit and proper under present facts and circumstances of this case be granted with costs of present petition in interest of justice."

2. Counsel for the petitioners contended that initially an advertisement was issued on 08.08.2024 and as per the said advertisement which is contained in Annexure P/1, the cut-off date to apply was 04.10.2024 alongwith the essential qualifications. The said date was further extended vide Annexure P/3 to dated 19.01.2025. Initially, appointments were made against 895 vacant posts. Later on, Annexure P/4 dated 14.11.2025 was issued and the vacant posts were enhanced to 1832. It is contended by the counsel that undisputedly, the petitioners were not having the eligibility/qualification by the cut-off date i.e. 19.01.2025. However, the petitioners acquired the eligibility criteria subsequently in the month of April and July, 2025. Therefore, once the decision was taken by the Madhya Pradesh Public Service Commission to increase the vacant posts, the petitioners ought to have been extended an opportunity to apply for the posts taking into consideration the enhanced number of vacancies. The Counsel, in support of his contention, has placed reliance on the decision of the High Court of Judicature for Rajasthan at Jodhpur in the case of Nitisha Choudhary and another v. The State of Rajasthan and others reported in

2024:RJ-JD:37111.

3. Counsel for the PSC submitted that there cannot be a new cut-off date in the event of enhancement of numbers of vacant posts. This is evident from note no.1 which was incorporated in the advertisement itself. It is contended by the counsel that in the event of increase in vacancies, the additional applications are not required to be requisitioned or received and the existing applicants can only be considered even against the enhanced number of vacancies. In such circumstances, no interference is warranted in the present petition.

4. Considering the rival submissions advanced on behalf of the parties, a perusal of the advertisement reflects that the same contains note no.1 which is reproduced as under:

"(1) शासन (cid:5)ारा पद(cid:9) क(cid:11) सं(cid:13)या का पुनर(cid:16)(cid:17)ण करने पर इस पद सं(cid:13)या म(cid:22) प(cid:23)रवतन(cid:26) (cid:27)कया जा सकता है। पद(cid:9) क(cid:11) सं(cid:13)या म(cid:22) व(cid:33)ृ (cid:34) के वल सा(cid:17)ा(cid:36)कार (cid:5)ारा चयन क(cid:11) (cid:38)(cid:39)थित म(cid:22) सा(cid:17)ा(cid:36)कार काय(cid:42)(cid:26) म के (cid:43)काशन ितिथ तक तथा