100% Women Quota in MP Nursing Colleges Faces Legal Test in High Court Over Gender Reservation

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A plea before the Madhya Pradesh High Court challenges the state’s decision to reserve all 286 nursing college teaching posts exclusively for women, calling it unconstitutional and discriminatory against men. The court has sought the state’s response and will hear the matter again on January 7.

A recruitment drive launched by the Madhya Pradesh government for government nursing colleges has come under legal challenge in the High Court after all the advertised teaching posts were reserved only for women, leaving no chance for male candidates to apply.

The petition has been filed before the Jabalpur Bench of the Madhya Pradesh High Court and challenges a notification issued by the Madhya Pradesh Staff Selection Board for the Group-1, Sub-Group-2 Combined Recruitment Examination 2025. Under this notification, 100 per cent of the academic posts in government nursing colleges were reserved exclusively for women.

As per the recruitment notice, a total of 286 posts were advertised. These include 40 posts of Associate Professor, 28 posts of Assistant Professor and 218 posts of Sister Tutor. Not a single vacancy was kept open for male candidates, which led to the present legal challenge.

The petition has been filed by Naushad Ali and other applicants from Jabalpur. They have argued that the recruitment process is unconstitutional as it completely excludes male candidates and violates the fundamental rights guaranteed under Articles 14, 15 and 16 of the Constitution.

These provisions ensure equality before the law, prohibit discrimination on the basis of sex and guarantee equal opportunity in public employment.

Advocate Vishal Baghel, appearing for the petitioners, submitted before the court that neither the recruitment rules nor the guidelines issued by the Indian Nursing Council allow complete gender-based exclusion for teaching positions in nursing colleges.

He argued that while reasonable reservation may be permitted, a blanket exclusion of one gender is legally impermissible.

The petitioners further contended that providing 100 per cent reservation is against settled constitutional law. They relied on the Supreme Court’s landmark judgment in the Indra Sawhney case, which clearly laid down that reservations in public employment should not ordinarily exceed 50 per cent.

On this basis, it was argued that the recruitment notification is legally unsustainable and liable to be set aside.

During the hearing held on December 29, the High Court sought a response from the Madhya Pradesh government on the issue. The court also took note of the fact that the last date for submitting applications under the recruitment process is January 7.

The petitioners informed the court that if immediate relief is not granted, male candidates would permanently lose the opportunity to apply for these posts. They argued that once the application window closes, the entire challenge would become meaningless, as the exclusion would already have taken effect.

Taking note of these submissions, the court directed the state government to place its decision on record in writing within one day. The matter was then listed for further hearing on January 7.

During the proceedings, the Madhya Pradesh Staff Selection Board informed the court that a decision had already been taken to include male candidates in the recruitment process. The Board also stated that its final stand on the issue would be clearly placed before the court on January 7.

The case is currently being heard by Justice Vishal Dhagat at the Principal Bench of the Madhya Pradesh High Court.

This controversy has emerged at a time when serious concerns have already been raised about the functioning of nursing colleges in Madhya Pradesh. Earlier ground reports by NDTV had highlighted widespread irregularities in several nursing institutions across the state.

The investigation revealed that many colleges were operating without proper campuses, basic infrastructure or qualified faculty. Some institutions were found to be functioning out of just two or three rooms, while others were allegedly existing only on paper.

These findings raised serious questions about regulatory lapses and the overall quality of health education in the state.

The outcome of the present case is likely to have a significant impact not only on the ongoing recruitment process but also on the broader issues of equality, reservation policy and governance in nursing education in Madhya Pradesh.

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Hardik Khandelwal

I’m Hardik Khandelwal, a B.Com LL.B. candidate with diverse internship experience in corporate law, legal research, and compliance. I’ve worked with EY, RuleZero, and High Court advocates. Passionate about legal writing, research, and making law accessible to all.

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