MBBS Admissions | Candidate Using NIOS Marks To Meet 50% Eligibility Cannot Claim State Govt School Quota: Orissa High Court

"SGS reservation can only be given, if the petitioner would have produced only one certificate from the State Board for 12th Examination having minimum qualifying marks," High Court of Orissa, in a significant ruling, held that a medical aspirant cannot claim reservation under the State Government Schools (SGS) quota by supplementing their marks through the National Institute of Open Schooling (NIOS).

A bench comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra observed that while NIOS marks may satisfy general eligibility for NEET-UG, they cannot be used to bridge the gap for a specific reservation category that mandates passing from state-affiliated institutions.

The petitioner, a medical aspirant, had passed his 10th and 12th examinations from Odisha State Board institutions but failed to secure the mandatory 50% aggregate in Physics, Chemistry, and Biology (PCB). To meet the eligibility criteria, he appeared for a Chemistry improvement exam through the National Institute of Open Schooling (NIOS) in 2022 and secured higher marks. However, during the OJEE Spot Round counselling for the 2025-26 session, he was denied a seat under the 15% SGS quota on the ground that his qualifying marks were not exclusively from the State Board.

The primary question before the court was whether a candidate who improves their subject marks through NIOS can be considered to have passed the 12th Board Examination under the Council of Higher Secondary Education (CHSE), Odisha for the purpose of the SGS quota. The court was also called upon to determine if NIOS qualifies as a "Government High School" or "Junior College" as defined under the Odisha Education Act, 1969.

Scope Of State Government School (SGS) Reservation

The Court examined the notification dated March 26, 2021, issued under Section 9(1) of the Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2007. The bench noted that the 15% horizontal reservation is specifically carved out for students who have passed the 10th Board under the BSE, Odisha, and the 12th Board under the CHSE, Odisha, from government-run institutions.

The Court emphasized that the reservation policy was a result of a High-Power Committee's recommendation aimed at removing inequalities for students of Government Schools. The bench observed that the eligibility for this specific quota is strictly tied to the institutional origin of the candidate's certification.

NIOS Not Recognized As State Government School Under Odisha Law

Court Defines Educational Institutions Under State Act

The bench referred to Section 3(i) and (j) of the Odisha Education Act, 1969, which defines High Schools and Higher Secondary Schools. The Court noted that the National Institute of Open Schooling, being an autonomous institution under the Ministry of Education, Government of India, does not fall within the definition of a High School or Junior College of the State as per the 1969 Act.

The Court held that the petitioner’s reliance on NIOS to meet the 50% PCB aggregate disqualified him from the specific "SGS" category. The bench reasoned that the reservation is contingent upon the candidate passing the 12th examination specifically from a Government Higher Secondary School or Government Junior College affiliated with the CHSE, Odisha.

"One cannot avail two privileges at the same time."

Prohibition Against Combining Different Boards For Reservation

Addressing the petitioner's argument that NIOS is recognized by the National Medical Commission (NMC) for NEET eligibility, the Court clarified the distinction between general eligibility and quota eligibility. While the improved marks might make a candidate eligible to sit for the entrance exam, they do not satisfy the specific institutional requirements of the state-level reservation.

The Court observed that the petitioner sought to use his CHSE background for the "SGS" label while using NIOS marks to meet the "qualifying criteria." The bench held that such a hybrid approach is impermissible when the reservation notification specifically mandates the qualification to be from the State Council.

"The petitioner’s improvised score in Chemistry from NIOS even if is taken into consideration for his minimum eligibility... reservation cannot be given, because one cannot avail two privileges at the same time."

Strict Adherence To Admission Guidelines

Duty Of Candidates To Verify Eligibility Instructions

The Court accepted the contention of the State counsel that it is obligatory for every candidate to carefully read the OJEE guidelines. The bench noted that the petitioner had provided a self-declaration stating he understood the instructions, yet furnished information claiming a quota for which he did not meet the institutional criteria.

The bench concluded that allowing the petitioner's claim would dilute the purpose of the SGS quota, which is designed to benefit students who complete their entire secondary and higher secondary education within the state government schooling ecosystem.

The Court dismissed the writ petition, holding that the petitioner was ineligible for the SGS quota as his qualifying marks in the core PCB subjects were not obtained exclusively from the State Board. The bench affirmed that the OJEE Committee acted within the law by refusing to allot a seat under the reserved category based on combined marks from two different educational boards.

Date of Decision: 27 May 2026