01Facts
The petitioner, who obtained an All India Rank of 109233 in NEET PG 2026, sought counselling under the NRI quota on the basis that her paternal uncle, an OCI residing in the United States, would sponsor her education. Her application was rejected for failure to provide evidence that the proposed sponsor had been taking care of her. She challenged Clauses 3(d) and (e) of a notification dated 27 May 2026 and sought permission to participate in counselling on the basis of an affidavit from her uncle.
pp. 3–5The respondents submitted that the challenged notification concerned UG counselling; the petitioner’s eligibility was governed by the NEET PG 2026 Information Bulletin.
p. 502Issues
i.1. Whether the petitioner could be permitted to participate in NEET PG 2026 counselling under the NRI quota on the basis of an affidavit and proposed sponsorship, without evidence that her sponsor had previously cared for and supported her.
pp. 6–8ii.2. Whether Clauses 3(d) and (e) of the notification dated 27 May 2026 could be quashed in a challenge concerning the petitioner’s PG counselling eligibility.
p. 2, 6, 903Law Applied
The NEET PG 2026 Information Bulletin requires an Indian candidate claiming eligibility under the NRI quota to provide an affidavit from the claimed guardian, together with supporting documentary evidence that the sponsor has genuinely taken care of and supported the candidate for the requisite period.
pp. 6–8The affidavit alone does not establish eligibility where supporting evidence is inadequate or absent; the evidence is subject to verification by the competent authority.
pp. 6–8The Bulletin’s requirement is based on the Division Bench decision in Anshul Tomar v. State of Madhya Pradesh, (2008) 2 MPLJ 450.
p. 6The Bulletin does not require a court order under the Guardians and Wards Act, 1890 for adult candidates claiming conversion to the NRI category.
p. 8Provisions in the judgment · 1
Notification dated 27.05.2026 in Ref.U-11011/07/2025-MEC Section 3
04Reasoning
The Court held that the challenged notification formed part of the NEET UG counselling scheme and did not govern the petitioner’s application for a postgraduate seat; her claim had to be assessed under the NEET PG 2026 Bulletin.
p. 6The petitioner had produced no evidence that her uncle had previously cared for or supported her.
pp. 8–9His relationship to her and willingness to meet future educational expenses could not substitute for the Bulletin’s separate requirement of evidence of actual care and support.
pp. 8–9The Court distinguished the absence of a guardianship order—which was not required—from the absence of supporting evidence, which was required.
p. 9Interim orders in other cases did not finally determine the issue or displace the governing PG requirements.
p. 805Holding
The Court declined to direct the respondents to permit the petitioner to upload documents and participate in NEET PG 2026 counselling by dispensing with the documentary requirements in the applicable Bulletin.
p. 10It also declined to quash Clauses 3(d) and (e) of the 27 May 2026 notification.
p. 10The writ petition was dismissed, with no order as to costs; the connected miscellaneous petitions were also dismissed.
p. 10Original Court PDF
M/s. Nethanya UvsThe Director General of health services,
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