Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEET PUROHIT, J.
Federation of Private Medical and Dental College of Rajasthan – Appellant
Versus
Chairman, Neet PG Medical and Dental Admission/Counselling Board 2025 and Principal and Controller, Sms Medical College and Attached Hospitals – Respondent
S.B. Civil Writ Petition No. 4247 of 2026
Decided On : 13-04-2026
| Table of Content |
|---|
| 1. procedural background and facts leading to the challenge of the impugned administrative decision. (Para 1 , 2 , 3) |
| 2. conflicting contentions regarding domicile-based reservation and eligibility requirements for stray vacancy rounds. (Para 4 , 5) |
| 3. reservation benefits are state-specific under the constitutional scheme and cannot be extended to migratory candidates. (Para 7 , 8) |
| 4. instruction booklets for counselling must be interpreted to exclude reserved-category cut-offs for unreserved seats. (Para 9 , 10 , 11) |
| 5. academic standards and merit cannot be compromised for seat filling; reservation is constitutionally valid for postgraduate admissions. (Para 12 , 13) |
| 6. procedural irregularities in isolated past instances cannot be cited as precedent to bypass mandated legal frameworks. (Para 14 , 15) |
| 7. summary of findings and final dismissal of the writ petition. (Para 16 , 17 , 18 , 19) |
JUDGMENT :
SANJEET PUROHIT, J.
1. Present writ petition has been filed with the following prayers:-
“(i) The minutes of meeting dated 18.02.2026 (Annex.14) considering the candidates of reserved category of other State in the general category, while denying them the benefits of reduced percentile of the reserved category may kindly be declared illegal and the same may kindly be quashed and set aside.
(ii) It may kindly be declared that the eligibility criteria of percentile so declared by the respondent authorities vide its notification dated 13.01.2026 would apply uniformly to all counselling Board including the respondent No.1.
(iii) The candidates of reserved category of other State may kindly be declared eligible for participation in counselling process for admission in NEET PG 2025-2026 in the reserved category of the State of Rajasthan, if they are falling in reserved category of respective other State.
(iv) appropriate notification for conducting the Special Stray vacancy round of counselling for filling the remaining vacant seats seats MBBS Post Graduate Course in the State of Rajasthan for academic year 2025-2026 while permitting the students of reserved category of other state under the reserved category of the State of Rajasthan with reduced percentile so declared vide notification dated 13.01.2026.
(v) Any further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may pass in favour of petitioner foundation.”
2. Petitioner – Federation of Private Medical and Dental College of Rajasthan has laid challenge to the minutes of meeting dated18.02.2026 (Annexure-15), primarily on the ground that SC/ST/OBC candidates belonging to other States (Non-Rajasthan Domicile) are being treated as unreserved / General category candidates and are also denied the benefit of reduced qualifying percentile, as notified by the Central Government vide notice dated 13.01.2026 (Annexure-8). It is interalia prayed that appropriate directions be issued to Respondent-Authorities to permit such candidates to participate in the stray vacancy round of MBBS PG Course counselling against reserved category seats in the State of Rajasthan.
3. Explaining the facts germane to the controversy involved in present case, learned Senior counsel for the Petitioner Federation, Mr. M.S. Singhvi, assisted by Mr. Hemant Ballani, submitted that NEET PG (MD/MS/DNB) Examination 2025-2026 was conducted as per the Information Bulletin and Counselling Scheme (Annexure- 3), which provides the process of conducting Online Counselling for allotment of PG seats under the All India Quota (AIQ), prescribing therein three rounds of counselling and one stray vacancy round. Clause 3.1 of said Information Bulletin provides for reservation policy of Central Government under the All India Quota. It is further stated that a similar Instruction Booklet was issued by the State of Rajasthan governing State quota seats, and Clause 4 of said Instruction Booklet provides for Reservation Policy.
3.1 It is submitted that after declaration of result
Reservation in admissions for government employees' children is unconstitutional if it undermines merit and lacks a basis in law, violating principles of equality under Articles 14 and 15 of the Cons....
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
The court affirmed that within reservation policies, vacancies may transfer across categories based on merit, confirming the legality and adherence to established rules in the admission process.
The central legal point established in the judgment is the mandatory implementation of the EWS reservation policy as per the constitutional mandate provided under Article 15(6) and Article 16(6) of t....
The allocation of reserved seats must follow institutional policies ensuring compliance with relevant laws, without arbitrary conversion of categories.
The main legal point established in the judgment is that the Medical Council of India was not competent to make regulations contrary to the mandate of Article 15(4) of the Constitution, and that the ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
