Shivanshi Jat vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:90085
1 WP-45921-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE PRADEEP MITTAL
th
ON THE 5 OF NOVEMBER, 2026
WRIT PETITION No. 45921 of 2026
CNR No.: MPHC010816512026
SHIVANSHI JAT AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Abhinandan Kori - Advocate for the petitioners.
Smt. Janhavi Pandit - Additional Advocate General for the
respondents/State.
ORDER
Per: Justice Vivek Rusia
The petitioners have filed this present petition under Article 226 of the
Constitution of India being aggrieved by the order dated 22.10.2026 (Annexure-
P/5) passed by the Respondent No.2- Directorate of Medical Education (DME).
The petitioners are seeking directions to respondents to release their original
documents and allow them to participate in NEET-PG counseling.
2. By way of filing present petition, petitioners are seeking following
reliefs :-
(i) Issue a writ in the nature of certiorari quashing and setting
aside impugned communication/ notification dated
22.10.2026 (Annexure-P/ 5);
(ii) Issue a writ in the nature of mandamus, directing the
Signature Not Verified
Signed by: SHIVANI TIWARI
Signing time: 11/5/2026
4:14:17 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:90085
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Respondents to release all the necessary original documents
of all petitioners, to enable them to participate in NEET-PG
2025 counselling and consequent admission process.
(iii) Issue a writ in the nature of mandamus and direct the
Respondents to permit the petitioners to pursue PG courses
without insisting them for bank guarantees at this Stage.
(iv) Issue a writ in the nature of mandamus and direct the
respondents to allow petitioners to swore an affidavit or fresh
bond undertaking to complete the remaining period of service
after the completion of their PG course.
(v) Issue a writ in the nature of mandamus directing
respondent no.2 to issue notification with regards to
disbursement of essential documents to all the concerned
colleges, in the interest of making procedure effective for the
aspirants;
(vi)) Pass any other writ, order or direction that this Hon'ble
Court may deem fit in the interest of justice.
(vii) Award costs of the petition."

3. Learned counsel for the petitioner submits that identical issue came up
for consideration before this Court in Writ Petition No.45127/2026 (Manish Patel
and Others vs. The State of Madhya Pradesh and Others). By order dated
28.10.2026, this Court disposed of the said petition. The aforesaid order is
reproduced below:-
"After hearing learned counsel for the petitioners and learned
Additional Advocate General, with their consent, the writ
petition is disposed of finally.
2. The petitioners have been selected for the Post-Graduation
Course-2026 and are going to participate in the counselling
for admission in college. Currently, counselling is underway,
but allotment of the college has not been finalized. The
present petition is filed to seek the release/return of the
original documents, which are in the possession of the
Signature Not Verified
Signed by: SHIVANI TIWARI
Signing time: 11/5/2026
4:14:17 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:90085
3 WP-45921-2026
respondent/Medical College, from where the petitioners have
completed the undergraduate MBBS course.
3. As per policy and the Rules framed by the State
Government, admittedly, the original documents of the
students are liable to be returned only after completion of the
total period of rural posting or deposit of the Bond amount, as
the case may be. The petitioners have not completed their
period of rural posting till date, hence is liable to deposit the
Bond amount with the Government. In some cases, the
students/doctors are not in a position to deposit the Bond
amount due to financial constraints, and in some cases, they
will complete the Rural Posting after the completion of the
UG course; hence approach this court for interim relief, for
the return of original documents by submitting a bank
guarantee or a blank post-dated cheque.
4. The respondent No.2/Director of Medical Education vide
impugned communication (Annexure-P/6) dated 22.10.2026
directed all Government and Private Medical colleges to
return of original documents after submitting the allotment
letter and prescribed affidavits to those students, who have
completed internship during certain period and for others
only on deposit of bank guarantee. All these students/doctors,
who are going to take admissions in PG courses will certainly
submit these original documents to the allotted medical
colleges at the time of admissions, hence these documents
will remain in the custody of the respective Medical Colleges
till completion of the P.G. Course. All the Medical Colleges,
whether under the All India quota or the State quota, are
directed not to return original documents to the
students/doctors unless an NOC issued from the office of
Director of Medical Education, State of M.P. is produced.
5. Keeping in view the overall facts & circumstances, the
following directions are issued to the respondents:
(i) All the Government and Private Medical colleges are
directed to return the original documents to the

Signature Not Verified
Signed by: SHIVANI TIWARI
Signing time: 11/5/2026
4:14:17 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:90085
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students/doctors, who have completed their internship at any
academic session, within two days after completion of
counselling and production of the allotment letter of a
college, and affidavits in a prescribed format about
completion of the remaining period of rural posting after
grant of PG degree;
(ii) In case of the students/doctors, who belong to
SC/ST/OBC, EWS, and BPL categories, who have completed
their internship at any point of time, all the Government and
Private Medical colleges are directed to return the original
documents within two days after completion of counselling
and production of the allotment letter of a college, and
affidavits in a prescribed format about completion of the
remaining period of rural posting after grant of PG degree
and Un-dated Cheque;
(iii) In case of students not falling in above (i) and (ii)
categories, their original documents be also returned within
two days after completion of counselling and production of
the allotment letter of a college, and affidavits in a prescribed
format about completion of the remaining period of rural
posting after grant of PG degree, after completion of
counselling and production of the allotment letter of a
college, and Bank Guarantee and in a prescribed format for
completion of the remaining period of rural posting after
grant of PG degree, the original documents will be released
within two days to those students/doctors;
(iv) The students/doctors shall deposit the original documents
in the colleges, where they will take admission for the Post-
Graduation Course, and the same shall be released only after
the completion of the period of Rural posting. The
students/doctors shall submit a copy of this order to the
medical colleges situated in any part of India for compliance
of the above directions at the time of admission.
6. The writ petition is finally disposed of. The above
directions shall apply to all similar doctors/students, who

Signature Not Verified
Signed by: SHIVANI TIWARI
Signing time: 11/5/2026
4:14:17 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:90085
5 WP-45921-2026
have cleared the Post-GraduationCourse-2026, and they need
not get a similar order from the Court.
7. Certified Copy, as per rules."

4. In view of the aforesaid, and considering that the controversy involved
in the present petition stands squarely covered by the aforesaid order dated
28.10.2026 passed in Writ Petition No.45127/2026, the present petition deserves
to be disposed of on the same terms.
5. Accordingly, the present writ petition is disposed of, with a direction
that the order dated 28.10.2026 passed in Writ Petition No.45127/2026 shall apply
mutatis mutandis to the case at hand.
(VIVEK RUSIA)
(PRADEEP MITTAL)
JUDGE
JUDGE
Shivani

Signature Not Verified
Signed by: SHIVANI TIWARI
Signing time: 11/5/2026
4:14:17 PM