ORDER :

Arup Kumar Goswami, J.

Heard Mr. Harshmander Rastogi and Ms. Diksha Gouraha, learned counsel for the petitioner. Also heard Ms. Anmol Sharma, learned Central Government counsel, appearing for respondents No. 1 & 2, Mr. Jitendra Pali, learned Deputy Advocate General, appearing for respondents No. 3 & 4 and Mr. Ranbir Singh Marhas, learned counsel, appearing for respondent No. 5.

2. The petitioner had appeared in the National Eligibility-cum-Entrance Test (UG) – 2021, which was held on 12.09.2021. Having scored 193 marks out of 720 marks, she secured All India Rank of 5,79,608 and Other Backward Class (OBC) category rank of 2,47,315.

3. In the first round of counselling process, the petitioner was allotted a seat for admission in Rungta College of Dental Sciences & Research, Bhilai for the Bachelor of Dental Surgery (BDS) programme under OBC category (Non-Creamy Layer).

4. The petitioner, accordingly, had taken admission and is presently pursuing her BDS course.

5. A notification dated 05.02.2022 was issued for second round of counselling, wherein it was indicated that the candidates desirous of participating in the second round of counselling for upgradation, must register and deposit Rs. 1,00,000/- on or before 14.02.2022.

6. The petitioner had registered for the second round of counselling by paying amount of Rs. 1,00,000/-. The petitioner, at the time of registering for second round of counselling, while mentioning the names of other colleges, had also included the very same college in which she was pursuing BDS course.

7. The petitioner could not secure admission because of her merit position in the second round of counselling in the medical colleges for the MBBS course but was again allotted Rungta College of Dental Sciences & Research.

8. On 31.03.2022, a notification for mop-up round for MBBS programme was published on the website of the Chhattisgarh Directorate of Medical Education.

9. According to the petitioner, though eligible, her name was not reflected in the list of candidates for the mop-up round. For the mop-up round, two lists were published: one on 01.04.2022 and the other revised list on 02.04.2022.

10. According to the petitioner, she approached the authorities imploring that her name should be added in the list for candidates for mop-up round but the mop-up round was conducted without enlisting her name. However, she was given an assurance that she will be eligible for the stray round.

11. In the notification issued for stray round on 07.04.2022 also, wherein list of eligible candidates was published, the name of the petitioner did not figure. It is in that circumstances, the petitioner approached this Court praying for the following reliefs:

“10.1 That, this Hon’ble Court may kindly be pleased to issue writ, order or directions directing to quash the stray round allotment list (ANNEXURE P-1) dated 07.04.2022 with the order to publish a new duly checked stray round list.

10.2 That this Hon’ble Court may kindly direct the respondent authorities to allow the petitioner to participate in the Mop-up/Stray rounds of counselling of Private Colleges.

10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

12. It is also stated by the petitioner in a representation dated 05.04.2022 that because of her ill-health, she could not check the website from 31.03.2022 to 03.04.2022.

13. During the course of the proceeding, Dr. Jitendra Tiwari, Senior Member, Counselling Committee along with Dr. Prateek Pradhan were present before this Court.

14. Mr. Jitendra Pali has submitted that a notification was issued on 01.04.2022 indicating that a mop-up round will be conducted on 03.04.2022 in the conference hall of Jawahar Lal Nehru Memorial Medical College, Raipur. It was also indicated that any objector can appear in person and that the objection will be resolved on the spot by the Chhattisgarh Infotech Promotion Society (CHIPS