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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ARUP KUMAR GOSWAMI, SANJAY AGRAWAL, JJ.
Surbhi Madaria D/o Vijay Lal Madaria – Petitioner
Versus
State of Chhattisgarh – Respondent
WP (C) No. 4648 of 2022
Decided On : 11-11-2022
Constitution of India, 1950 - Article 226 - Admit in MBBS/BDS Course - Submit Reset Application - Technical Difficulties - Petitioner has approached this Court praying for, quashing of order and a writ of mandamus directing respondents to admit petitioner in MBBS/BDS course – Held, Petitioner could not submit reset application form because of some technical difficulties which were encountered in process as, otherwise, it is inconceivable as to why a candidate aspiring for a seat in medical college would not deliberately fill her form after having successfully submitted form with complete details at first instance - Therefore, there is credence in what petitioner says about her inability to submit reset application – Court deem it appropriate to issue a writ of mandamus to respondent authorities to treat application submitted by petitioner as a valid application for all intents and purposes and to take same on record while proceeding with second round of counseling - When case of petitioner is considered for second round of counselling, it may so happen that some candidates who had secured lesser marks than petitioner may have got admission in first round of counseling – Court do not want to upset anything done in first round of counselling and make it absolutely clear that all selections and admissions that have taken place in first round of counselling shall not be in any manner altered so as not to cause any prejudice to any such candidate - Petition disposed of.
ORDER :
1. Heard Mr. Praveen Das, learned counsel, appearing for the petitioner. Also heard Mr. Vikram Sharma, learned Deputy Government Advocate, appearing for the respondents.
2. On the last occasion, when the case was listed on 09.11.2022, Mr. Gagan Tiwari, learned Deputy Government, appearing for the respondent had prayed for taking up this case today. Accordingly, the matter is listed today.
3. Mr. Vikram Sharma, learned Deputy Government Advocate, appearing for the respondents submits that Mr. Tiwari is having some inconvenience to appear today and that he is appearing in this matter and is having full instructions.
4. The petitioner belongs to the other backward class (for short, the OBC) category. She being eligible for MBBS/BDS course, had applied online for National Eligibility-cum-Entrance Test (UG) 2022 (for short the NEET) examination. The petitioner obtained 465 out of 720 marks and her total percentile was assessed as 93.584030 with All India Rank at 112430.
5. The respondent No. 1 had framed a set of Rules, namely, Chhattisgarh Chikitsa, Dant Chikitsa Avam Bhautik Chikitsa (Physiotherapy) Snatak Pravesh Niyam, 2018 (for short the Rules of 2018), for regulating admissions to the Medical Colleges, Dental Colleges and Physiotherapy Colleges. An online admission notice was issued by respondent No. 2 on 14.10.2022 inviting online applications from 17.10.2022 to 25.10.2022.
6. By paying the requisite fee, the petitioner made an online application on 18.10.2022. In the online application, the petitioner had given the list of choices of educational institutions, which reads as follows:
| Name of College | Pref. No. |
| Government - Rajmata Smt. Devendra Kumari Singhdeo Government Medical College Ambikapur | 1 |
| Government - Government Medical College Mahasamund | 2 |
| Government - Government Dental College, Raipur | 3 |
| Government - Late Shri Baliram Kashyap Memorial Medical College, Jagdalpur | 4 |
| Government - Government Medical College Kanker | 5 |
| Government - Chhattisgarh Institute of Medical Sciences, Bilaspur | 6 |
| Government - Pt. Jawaharlal Nehru Memorial Medical College, Raipur | 7 |
| Government - Late Shri Lakhi Ram Agrawal Memorial Government Medical College, Raigarh | 8 |
| Government - Late Bisahu Das Mahant Memorial Medical College Korba | 9 |
| Government - Bharat Ratna Late Shree Atal Bihari Vajpayee Memorial College, Rajnandgaon | 10 |
7. On 25.10.2022, a notice was issued by the respondent No. 2 enabling the candidates by way of one-time reset application opportunity to incorporate any corrections regarding caste, category, domicile, seat, mobile number, type of course, etc. The relevant part of the same, as translated by the learned counsel for the parties and as agreed upon by them reads as follows:
8. The said notice indicates that if the option of reset application is availed, the earlier online payment of fees will stand forfeited and the candidate will be required to make fresh payment of fees as per his category and that on submission of the said fee, the earlier application of the candidate will stand cancelled and the applicant will be required to make a fresh online application. As the petitioner wanted to alter the preference No. 3 from Government Dental College to Government Medical College, Raipur in her list of choice of educational institutions, she pa
The court established that candidates should be allowed to correct genuine mistakes in their application forms, particularly when such corrections do not disrupt the overall admission process and uph....
Court affirmed the importance of adhering to admission timelines and rejected jurisdiction under Article 226 for petitioner's procedural failures.
The Court emphasized that technicalities regarding caste certification should not deny admission to eligible candidates, supporting restitutionary justice for meritorious students.
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