• MP state gives benefit of reservation in private medical colleges to OBC but not EWS. Student Atharv personally argued his case before SC. Why did private medical colleges not increase number of medical seats to provide for EWS? Briefly know facts of the case.

Thanks to X (formerly Twitter) one gets to know of news that print media missed for e.g. saw a video of student Atharv Chaturvedi arguing his own case before the Supreme Court in Atharv vs. State of Madhya Pradesh and others. This is a January/February 26 case. I read the SC and MP High Court Orders.

For each of the two orders are facts of case followed by Food for thought.

Background and Key points from SC Order

1. Atharv spoke about “the distressing situation and patent disadvantage faced by him as an EWS (economically weaker section) candidate.” 1

2. He cleared the NEET exam twice, in the 2024-25 and 2025-26 sessions.

3.  In 2024 he could not secure admission because in the notification of 2.7.24, the state government was yet to carve reservations of EWS into private medical colleges.

4. The MP High Court, vide order dated 17.12.24 did not grant relief to Atharv but “granted the state government a year to complete the process of enhancement of seats those private colleges for the provision of reservation to candidates belonging to the EWS category.” 1

5. In 2025 too, process not completed. Meanwhile, Atharv cleared NEET again.

6. In SC the state government advocate stated that “the policy is in the process of being finalised and will be brought into force in due course of time.” 1

7. The Hon SC Judges heard all and then used its powers under Article 142 of the Constitution of India to state that Atharv be granted admission.

8. “Such admission shall be strictly as per his EWS Rank of 164 in the session 2025-2026 and shall be further subject to deposit of the fee, etc., as are prescribed for candidates belonging to the EWS category.” 1

To read SC Order in PDF click on PDF

Food for thought

1. Atharv is a Brahmin boy. Going by his surname, his forefathers had knowledge of the four Vedas. He cleared NEET twice but denied admission under EWS.

2. Is it the responsibility of the MP State government to frame policy in a reasonable timeframe?

3. Coming at a time when the BJP government issued the UGC Equity Circular dated 13.1.26 (suspended by SC) and the MP government is fighting a case in the SC justifying 73% reservations, something does not sound right.

4. As per this BhaskarEnglish report Atharv was advised to become a lawyer, since he argued his case well, instead of a doctor. If governments continue make life difficult for aspiring GC students, they might take up law instead of medicine.

5. Did those who wrote the colonial Constitution, envisage that Article 142 (It grants the Supreme Court the power to pass any order necessary to secure complete justice) would be used this way?

Now, Madhya Pradesh High Court Order, Jabalpur Bench

1. State government has carved out reservation in Government medical colleges for EWS but not in private medical colleges, MBBS course, in the state.

2. Reservation granted to OBC (Other Backward Class) and NRI categories for admission in private medical colleges but not to EWS.

3. Private medical colleges have not increased the number of seats unlike the government ones, post the 2019 Constitutional Amendment.

4. Vide 29.01.2019 letter, “issued by the Government of India and submitted that the outer limit of two years had been set by Government of India to increase medical seats.” 2 This was 2024.

5. “Atharv argued that candidates under NRI category having less merit than the petitioner have been allotted seats in private medical colleges.” 2

Food for thought

1. Medical seats in private colleges increased for OBC not EWS?

2. The process for giving NRI student seats must be made public.

3. Private Medical Colleges in MP needs to answer why they did not increase the number of seats for years so as to provide for EWS.  

To read HC Order in PDF click on PDF

Is this a way to get around NEET and take donations from parents! One does not know. Hope someone investigates dispassionately before more students suffer.

Errors if any are unintentional and without malafide intent. It is not my intent to defame or malign. As always, am happy to stand corrected. Copyright for SC/HC orders lie with the respective Courts.  

References

1. SC Order

2. MP High Court order

Also read

1. Can India become a Casteless Society

2. Dalits were the maximum number of scholars in pre-British India

3. Reservations in India

4. Understanding why Tamil Nadu government opposes NEET

5. OBC Kings in India