ORDER :

1. Heard Mr. Rajeev Shrivastava, learned senior counsel assisted by Mr. Sourabh Sahu, learned counsel for the petitioner. Also heard Ms. Anmol Sharma, learned Central Government counsel, appearing for respondent No. 1, Mr. Gagan Tiwari, learned Deputy Government Advocate, appearing for respondents No. 2 to 4 and Mr. Ranbir Singh Marhas, learned counsel, appearing for respondent No. 5.

2. The petitioner scored 341 marks out of 720 marks in the National Eligibility-cum-Entrance Test, 2022 (for short ‘NEET-2022’) for taking admission in undergraduate Government and Private Medical Colleges as well as Dental Medical Colleges. There is a set of Rules, namely, Chhattisgarh Medical, Dental, Physiotherapy Undergraduate Admission Rules, 2018 (for short ‘Rules of 2018’) to regulate the process of admission. In the first round of counselling that was held on 14.10.2022, the petitioner was issued a provisional allotment letter, allotting a seat in MBBS course in Government Medical College, Kanker under Scheduled Tribe category. In terms of the allotment letter, the last date for scrutiny of original documents was 08.11.2022 upto 4.30 PM and the last date for completion of the admission process was 09.11.2022. The petitioner presented himself before the authorities on 07.11.2022 along with the documents for the purpose of scrutiny, but he was told that he needs to have Medical Fitness Certificate, Notarized Affidavit and a Demand Draft. Since 08.11.2022 was a holiday, the petitioner could not obtain the Demand Draft and when he presented himself before the College authorities on 09.11.2022 with all documents, he was denied admission on the ground that he could not get his documents scrutinized before 08.11.2022.

3. The second round of counselling commenced from 11.11.2022 and by virtue of an interim order dated 13.11.2022, the petitioner was allowed provisional registration for the purpose of second round of counselling, however, making it clear that such provisional registration would not confer any right upon the petitioner and such provisional registration would be subject to final outcome of the writ petition.

4. Respondents No. 2 to 4 have filed the return.

5. At this juncture, it will be appropriate to take note of Rule 7(x) of the Rules of 2018, which reads as follows:

“7(x) After allotment, the candidates are mandatorily required to appear in person for scrutinizing the documents before the prescribed last date of admission mentioned in the allotment letter. After allotment, in the case of absence in the institution for scrutinizing the document in the current academic session, the candidate will automatically be excluded from the counselling and admission process.

It will be mandatory to take admission in the Government Medical College but, it will not be mandatory to take admissions in the Private Medical College/Government Dental College/Private Dental College but, the allotted candidates are mandatorily required to be scrutinized and to be found eligible in the scrutiny. However, the candidates who will not take admission in the allotted Government Medical College will be out from the counselling process. After qualifying in the scrutiny of documents the candidates will be given an option to continue in the counselling process by taking admission in the allotted Government Medical Institution. Whereas, in addition to the allotted College other than the Government Medical College and the eligible candidates of the scrutiny will be given an option to continue in the 2nd counselling process even without taking admission in the institution.

At any stage of the counselling or allotment process once the seat of the any subject and any institution is allotted to the candidate, the seat of the same subject and same institution will not be given again.”

6. A perusal of the above would go to show that since the petitioner was allotted a seat in a Government Medical College, it was mandatory for him to take admission. Of course after takin