JABALPUR, India, Nov. 16 -- Madhya Pradesh High Court issued the following judgment/order on Oct. 16:

1. Petitioner has filed subject petition seeking quashment of the Gazette Notification dated 02.07.2024 on the ground that the same is ultra vires under Article 14 and 15(6D) of the Constitution of India. Petitioner further seeks a direction to the respondent to admit the petitioner in MBBS Course for the session 2025-2026 in Sukh Sagar Medical College and Hospital or any other medical college against the enhanced EWS seats or against vacant seats which were wrongly, arbitrarily and unconstitutionally reserved for different classes for the Session 2024-2025.

2. We note that petitioner had earlier filed a writ petition being W.P.No.35264/2024 pertaining to NEET Examination, 2024 seeking similar relieves and had sought for enhancement of EWS seats. The said petition was disposed of by a detailed judgment dated 17.12.2024 by this Court and this Court upheld the notification dated 02.07.2024 which is challenged in present petition as well and while upholding the same directed the respondents to complete the process of enhancement of seats of private medical colleges in the State subject to their infrastructure to provide for EWS reservation inclined by notification dated 29.01.2019 of the Government of India, Ministry of Health & Family Welfare. Thus Court directed the respondents to complete the process within the next one year. We note that the subject petition filed by the petitioner is seeking the same relief, which was earlier sought and declined to the petitioner however, the direction was issued to the respondents to complete the process of enhancement of seats in the private medical colleges, however, one year time was granted to the respondents.

3. Learned Senior counsel appearing for the respondent/ National Medical Commission submits that the process for enhancement of seats as directed by the said judgment is under way, however, since the effect of the same will be pan-India, some time is likely to be taken. He further points out that 12 months period as fixed by the Court is still not over. He submits that even if the seats are enhanced, the same would be prospective and would not effect the notification for the NEET Examination, 2025 which is already over and even counselling is under way.

4. We may note that the petitioner had earlier filed Special Leave Petition against the order dated 17.12.2024 in S.L.P. (Civil) No.1942/2025 which was dismissed as withdrawn on 31.1.2025 with liberty to file a review. The review petition filed by the petitioner was dismissed on 17.02.2025 whereafter once again petitioner approached to Supreme Court in S.L.P. (Civil) Diary No. 27767/2025 which has been dismissed on 15.07.2025.

5. In view of the above, we find that there is no merit in the petition and the petition is consequently dismissed.

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