HC quashes notification, directs State to consider petitioner for MBBS seat

Gauhati High Court, Kohima Bench on August 14 set aside certain provisions of the Higher and Technical Education department notification dated September 9, 2021, which excluded wards of Central government employees posted in Nagaland from availing MBBS seats under the central pool.
Delivering a common judgment on WP(C) No.134/2025 and WP(C) No.138/2025 filed by Ms. Vatsala Panghal, daughter of Col. Lovelesh Panghal, Commanding Officer, 1 Nagaland Bn NCC, Justice Mridul Kumar Kalita ruled that the impugned notification was discriminatory, violative of Article 14 of the Constitution, and contrary to the guidelines of the Ministry of Health & Family Welfare, Government of India.
The petitioner had secured 455 marks in NEET-UG 2025 with an All India rank of 113803, but her name did not figure in the provisional merit list of selected candidates for Nagaland, despite scoring more than candidates included in the list. She approached the Court seeking inclusion in the merit list and quashing of the September 9, 2021 notification.
The Court observed that as per the Government of India’s Office Memorandum dated July 28, 2025, children of Central government employees posted in and having their headquarters within the beneficiary state were to be treated at par with local residents for allocation of MBBS seats from the central pool. The Nagaland notification, however, totally excluded such wards except those of All India Service officers borne on Nagaland cadre.
Justice Kalita held that such exclusion “militates against the principles of equality enshrined in Part-III of the Constitution” and was contradictory to central guidelines.
The Court further noted that the requirement of Class X/XII qualification from within Nagaland and minimum three years’ posting of parents in the state was not backed by concurrence of the Union Government.
Accordingly, the Court quashed the relevant portions of the September 9, 2021 notification and directed the State respondents to consider the case of the petitioner for nomination to MBBS course under the central pool quota strictly in terms of the Union Government guidelines.