Partly allowed
State of U.P. Thru.Its Prin. Secy. Deptt. of Medical Educational and Training Lko. and Another v. Sabra Ahmad
Allahabad HCSPLA/295/2025
What the court decided
AI extract
Outcome
Partly allowed
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SPECIAL APPEAL No. - 295 of 2025
State Of U.P. Thru.Its Prin. Secy. Deptt. Of Medical Educational And Training Lko. And Another .....Appellant(s)
Versus
Sabra Ahmad
.....Respondent(s)
Counsel for Appellant(s) : Syed Mohammad Haider Rizv Counsel for Respondent(s) : Moti Lal Yadav
Court No. - 1
Orders Reserved on 02.09.2025 Orders Pronounced on 04.09.2025
HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J.
" Wherefore your lordship may kindly be pleased to issue:
i issue a writ in the nature of certiorari thereby quash the Unlawful Reservation of 73%, 6% and 13% to SC, ST and OBC Categories published in SEAT NATRIX on 31-7-25 by opposite party No. 2 as against 21%, 2% provided for the SC ST and 27% provided for other back ward classes respectively in the Act. Which is content act Annexure No-3 with this writ petition.
ii. Issue writ order or direction in the nature of mandamus directing the opposite party NO. 2 to make allotment of MBBS Seats as per the "The Uttar Pradesh Admission to Educational Institutions Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes Act,
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2006 (Act 23 of 2006) with immediately effect.
iii. any other writ order or direction which this Hon'ble Court deem fit and proper may also be passed in favor of the petitioner. "
(i) None of the Government orders which have been quashed were under challenge in the writ petition.
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(ii) None of the affected persons belonging to reserved category of Scheduled Castes were impleaded as opposite parties in the writ petition.
(iii) The relief which was not prayed for has been granted.
(iv) It was also pointed out that the time frame for completing the 1st round of counselling is already over and out of 13093 seats 12888 allotments have been made against which 10251 candidates have taken admission.
(v) Only 2842 seats are available for further counselling out of which 540 are for BDS course and 2302 are for MBBS. Out of 2302 seats for MBBS 1927 are in private Institutions where reservation does not apply and 372 seats are in Government Medical Colleges. Out of these 372 seats 82 are reserved for SC, 11 for ST, 57 for OBS and 15 for EWS.
(vi) Most of the good/Government college seats are filled up after the 1st round of counselling. Therefore, whosoever is displaced as a consequence of implementation of the judgment will not be able to take admission in the current academic year. Respondent-petitioner has been allotted a seat in an Autonomous State Medical College at Lakhimpur Kheri.
(vii) It was also his submission that only one candidate has challenged the process of selection and there is nobody else who has come to Court challenging the same rather they have all participated in the counselling process.
(viii) The adversity faced by the students is that to opt one seat, a student has to relinquish all other allotted seats (in any/all States) allotted under the All India Quota/State seats on the basis of his/her merit.
(ix) In compliance of the order of learned Single Judge the entire 1st round of counselling would have to be cancelled, the admitted students across the State as well as those who have secured seats under the All India Quota, shall be adversely impacted as the entire seat matrix based on merit cum choice allocation would be disturbed. The opportunity lost in giving up the seats elsewhere to take up the seat in UP cannot be revoked/reverted.
(x) In case the judgment dated 25.08.2025 passed by learned Single Judge is implemented in the four Institutions herein, a fresh seat matrix will have to be issued, cancelling the earlier issued seat matrix. For applying
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reservation, all the Colleges, including the four Colleges herein have to be merged under the same roster and be alphabetically arranged and reservation roster has to be applied and, thus, the fate of all the 10251 students who have already secured their admission on the basis of their merit would be impacted adversely.
(xi) However, on being confronted with the legal issues discussed in the impugned judgment with respect to 70% quota reservation provided to the Scheduled Castes candidates for admission to the MBBS Course in the aforesaid four Medical Colleges which are Government run colleges, especially in view of the fact that there is an enactment, namely, Uttar Pradesh Admission to Educational Institutions, Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes, Act, 2006, according to which, only 21% reservation could be provided to Scheduled Castes in the matter of admission to professional courses such as the one at hand, although he referred to the Special Component Plan, some policy guidelines of the Central Government and the contents of the Government Orders dated 20.01.2010, 21.02.2011, 13.07.2011, 19.07.2012, 17.07.2013 and 13.06.2015 to contend that the Colleges were set up especially for taking care of the rights and interests of the Scheduled Castes persons and this is how reservation has been applied in terms of the said Government Orders since 2011, but, ultimately he submitted that he does not join issue nor does he point out any illegality in the impugned judgment, but, the Government is faced with a piquant situation where if the judgment is complied for the current academic year, it would throw the entire admission process haywire and create chaos.
(xii) His submission was that the first round of counselling was already over and the children have been offered admission in these four Medical Colleges apart from other Medical Colleges which were part of the counselling, as already mentioned earlier. If the judgment is implement, firstly about 200 Scheduled Castes candidates who have been granted admission in these four Medical Colleges would be thrown out at this stage and will have no other choice available to take admission in any other college of their choice whether in this State our outside it nor in the All India Quota as the counselling period for the 1st round was only from 18.07.2025 till 26.08.2025 which is already over. Apart from jeopardizing the educational prospects of these candidates who belong to downtrodden strata of society, this would be too much for these candidates and their family to bear the shock of cancellation of their candidature at this stage. Even otherwise, if the judgment impugned is to complied, the State will
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have to cancel the entire process of counselling throughout the State of U.P., as, there may be many who may have got admission in other colleges, Government or private, who could have otherwise opted for unreserved seats in these four Medical Colleges against which reserved candidates have been offered admission.
(xiii) He further submitted that the Government has no qualms in implementing the judgment from the next academic year and he does not intend to join issue on the legal points decided by the learned Single Judge, but, wants to prevent absolute chaos in the admission process for the current academic session which may not only affect counselling in the State of Uttar Pradesh but may also have a cascading effect on counselling in other States as many of the students who may now be ousted may have otherwise been eligible for admission against the seats under the All India Quota in other States or even in the State Quota in other States and vice versa. If the judgment is implemented for the current year academic year it will result in lot of confusion, uncertainty and chaos which is not in anybody's interest, therefore, he submitted that the admission/counselling process which has been undertaken may be allowed to be taken to its logical conclusion as it is for the current academic year subject to undertaking of the State Government that for the next academic year i.e. 2026-27 reservation shall be provided strictly in terms of the Act, 2006 in the Medical Colleges in question.
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Colleges which are Government owned requiring them to pay lesser fee than what other colleges may charge and they will not have a fair opportunity to seek admission eslewhere as very few reserved seats are left in Government colleges and they may not be in a position to pay fee of private colleges and, as, otherwise, the entire counselling process at least in the State of U.P., if not in other States, may be adversely affected and a fresh counselling would have to be held, as a one time measure, we provide as under: -
(a) The students belonging to the reserved category who have been admitted against the sanctioned seats in the aforesaid four Government Medical Colleges in excess of the reservation quota for Scheduled Castes shall, as far as possible, be adjusted against reserved seats in any other Government Medical College without affecting the right, if any, of any other Scheduled Castes candidate having higher merit. The candidates having lower merit shall be adjusted first. Consequently, the fee deposited by such candidates would also be adjusted in the other College.
(b) The resultant vacancy, if any, in these four Medical Colleges shall be offered for admission in the next round of counselling to candidates of other categories i.e. OBC and Unreserved.
(c) Such Scheduled Castes candidates who cannot be adjusted as aforesaid, they shall be allowed to pursue their MBBS course for which they have been admitted in these four Medical Colleges, subject to further orders.
(d) The respondent-petitioner who belongs to the OBC category, as claimed, shall be adjusted against one seat in the Medical College at Ambedkar Nagar, if she expresses her choice in writing to be so adjusted. This arrangement has been acceded to by the appellants' counsel on the basis of instructions received from the Officers who are present in Court. We may also point out that we had suggested this as a possible course of action to the counsel for the respondent-petitioner during hearing whereupon he submitted that without prejudice to his stand on the legal issues involved, such a direction or order would protect the rights of his client if she is adjusted at Ambedkar Nagar.
(e) To facilitate the aforesaid, directions contained in the impugned judgment for holding fresh counselling for the current academic year shall remain in abeyance, subject, however, to the observations and directions contained in this order.
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(Manjive Shukla,J.) (Rajan Roy,J.)
September 4, 2025
Santosh/-
Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the 70% reservation for SC in four medical colleges exceeds the statutory limit of 21% under the 2006 Act.
Whether the adAdmissions already made in the current academic year should be cancelled or maintained to prevent chaos.
1 provisions across 1 enactments
State Of U.P. Thru.Its Prin. Secy. Deptt. Of Medical Educational And Training Lko.
Sabra Ahmad
Rajan Roy
Manjive Shukla
As recorded by the court registry
3 orders share this CNR
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