Atharv Chaturvedi vs National Medical Commission

NEUTRAL CITATION NO. 2026:MPHC-JBP:57868
1 WP-27563-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE VINAY SARAF
th
ON THE 30 OF JULY, 2026
WRIT PETITION No. 27563 of 2026
ATHARV CHATURVEDI
Versus
NATIONAL MEDICAL COMMISSION AND OTHERS
Appearance:
Shri Manoj Chaturvedi - Advocate for the petitioner [P-1].
Shri Anoop Nair - Senior Advocate with Ms. Nisha Khare - Advocate
for the respondent no1.
Shri Neeraj Singh Chauhan, learned counsel for the respondent no.2.
ORDER
Per: Justice Anand Pathak
Heard on admission and interim relief.
2. With the consent of partis, the matter is heard finally.
3. The present petition is preferred by the petitioner seeking permission to
appear in the examination of MBBS first year for the academic Session
2025-26.
4. Petitioner is a bright student belonging to the Economically Weaker
Section (EWS). He qualified NEET qualification twice, initially for the
2024-25 session and then again for 2025-26 session. However, on technical
pretext about implementation of notification dated 02.07.2024, he was
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 30-07-2026
18:42:23

NEUTRAL CITATION NO. 2026:MPHC-JBP:57868
2 WP-27563-2026
denied admission in the respondent no.3 college. He fought his case by

appearing in person before this Court in earlier round of litigation as well as
before the Apex Court.
5. The Hon'ble Supreme Court vide order dated 10.02.2026 passed in SLP
No.35993 of 2025 allowed the SLP preferred by the petitioner and issued
directions to National Medical Commission (NMC) and State of Madhya
Pradesh (through Medical Education Department) to ensure admission of
petitioner in MBBS course.
6. However, order was passed on 10.2.2026 and thereafter admission was
given in respondent no.3 college and he commenced his studies there in
March, 2026.
7. The whole process consumed time and he was admitted in respondent
no.3 college in March, 2026. Now examination is to be held in August,
2026. Respondents denied permission to appear in exam due to attendance
issue. Respondent no.1 and 2 despite having full sympathy with the cause of
petitioner, raised an objection regarding attendance. Unless he completed
attendance, he cannot be permitted. However, they fairly submit that
remedial measure can be adopted by giving facility of extra classes to the
petitioner.
8. Heard rival submissions of the parties and perused the documents
appended thereto.
9. This is a peculiar case, wherein the petitioner who belongs to EW|S
category qualified NEET examination twice, initially for 2024-25 and then
again for 2025-26 session. He fought his case till the Apex Court by
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 30-07-2026
18:42:23

NEUTRAL CITATION NO. 2026:MPHC-JBP:57868
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appearing in person.

10. The Apex Court after considering his arguments and even after
considering the question of delay found the case worth consideration for
issuance of direction for admission in the MBBS course in one of the private
colleges. After issuance of such direction to NMC and State of Madhya
Pradesh, he was granted admission in respondent no.3 at Sukh Sagar Medical
college, Jabalpur. Once the Apex Court exercises the power under Article
142 of the Constitution of India treating it as an exceptional case and granted
admission considering the facts and circumstances of the case then if the
petitioner is denied access to examination then it would not be in the interest
of justice and contrary to the letter and spirit of order so passed by Apex
Court.
11. Counsel for the petitioner very categorically submitted that he already
covered his academic course by undergoing personal studies and if permitted
to appear in the examination, then he will rise to the occasion and hopefully
perform better. He is ready to undertake additional/extra classes also so as to
hone his skills and undergo curriculum for betterment of himself and for
public at large if such facility is provided.
12. Considering the fact situation, it appears that petitioner is a bright
student and if given chance to appear in examination then he will cover the
curriculum by working hard and with sincerity and if permission to appear in
examination is denied then he will have to suffer full one year for no fault of
his own. In fact, he suffered at the hands of respondents twice and delay was
caused due to the action/inaction of respondents and not because of any fault
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 30-07-2026
18:42:23

NEUTRAL CITATION NO. 2026:MPHC-JBP:57868
4 WP-27563-2026
of petitioner. Therefore, case is made out for issuance of directions in

peculiar facts and circumstances of the case.
13. In the considered opinion of this Court, this is a case deserves
consideration to the extent that petitioner be permitted to appear in the
examination which is likely to be held by the respondents very soon (August
2026) and respondent no.2 shall open portal for filling up examination form
for him and will issue admit card and complete other formalities so that
petitioner may appear in the examination which is likely to held in August,
2026. Respondent no.3 is directed to undertake extra classes as per the
gracious disposition shown by NMC/State of M.P. for such exceptional
circumstances. The petitioner shall undertake those extra classes with utmost
sincerity. Needless to say that result of the petitioner shall be declared so that
he may march along with his fellow colleagues of 2025-26 session.
14. With the aforesaid directions, petition stands allowed and disposed of.
15. Since this order is passed in the peculiar facts and circumstances of the
case, it cannot be construed and relied as a binding precedent.
(ANAND PATHAK)
(VINAY SARAF)
JUDGE
JUDGE
rk.

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 30-07-2026
18:42:23