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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., BIBHU DATTA GURU, J.
Rishi Tiwari S/o Rajesh Kumar Tiwari - Appellant
Versus
State Of Chhattisgarh - Respondents
WPC No. 5316 of 2024
Decided on : 22-10-2024
(A) Admission Rules 2018 – NRI quota – The petitioners challenged the notification dated 18.10.2024 affecting their admission under the NRI quota for MBBS courses, arguing it violated the established Admission Rules 2018. The court found the notification arbitrary and discriminatory, quashing it. (Paras 12, 14, 43)
(B) Legal Principles – The court reaffirmed that rules governing admissions cannot be altered post-commencement of the admission process, emphasizing the need for consistency in applying eligibility criteria. (Paras 16, 39)
Facts of the case: The petitioners, having cleared the NEET UG 2024, were admitted under the NRI quota but faced potential cancellation of their admissions due to a new notification issued by the State. (Paras 12, 14)
Findings of Court: The court ruled that the impugned notification was arbitrary and discriminatory, allowing the petitioners to continue their studies. (Paras 43, 44)
Issues: The main issues included the legality of the notification affecting admissions and whether the State could differentiate between candidates based on the date of admission. (Paras 29, 39)
Ratio Decidendi: The court held that the Admission Rules 2018 remained in force and any changes post-admission were invalid, reinforcing that candidates should not be treated differently based on arbitrary cut-off dates. (Paras 38, 39)
Result: All petitions allowed, quashing the impugned notification. (Paras 44)
JUDGMENT :
Per Ramesh Sinha, Chief Justice
1. These petitions are listed today on admission, however, with the consent of learned counsel appearing for the parties, they are being heard finally.
2. Since common facts and issues are involved in all these petitions and challenge made to the orders is one and the same in these petitions, they are being heard and considered together.
3. WPC No. 5322 of 2024 is taken as the lead case and the parties and proceedings are referred to as given therein, except where it is separately referred to.
4. The petitioner(s) in WPC No. 5316/2024, has prayed for the following relief(s):
10.2 That the Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction, quashing the impugned notification dated 18.10.2024 & the communication dated 18.10.2024 (Annexure P-1 Colly.)
10.3 That the Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction, restraining the respondent authorities from taking any adverse action or passing any consequential order, prejudicially affecting the admission of the petitioners under the NRI quota for the MBBS Course.
10.4 That the Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction, quashing any consequential order passed by the respondent authorities pursuant to the impugned notification and communication and/or restrain the respondents from initiating any action against the petitioners.
10.5 That the Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction, of appropriate the nature allowing the petitioners to pursue their MBBS Course in the Respondent no.4 College.
10.6 Any other relief(s), direction(s), which Hon'ble the Court deems fit, and proper, in the circumstances of the case.”
5. The petitioner(s) in WPC No. 5318/2024, has prayed for the following relief(s):
2] That the Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction, the impugned notification/order dated 18.10.2024 issued by the State Government (AnnexP/2) and the communication dated 18.10.2024 (Annex. P/2) issued by the Commissioner may kindly be quashed.
3] That the Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction, restraining the respondent authorities from taking any adverse action or passing any consequential order prejudicially affecting the admission of the petitioner under the NRI quota for the MBBS Course.
4] That the Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction, quashing any consequential order passed by the respondent authorities pursuant to the impugned notification and communication and/or restrain the respondents from initiating any action against the petitioner.
5] That the Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction, of appropriate the nature allowing the petitioners to pursue their MBBS Course in the Respondent no.5 College.”
6. The petitioner(s) in WPC No. 5322/2024, has prayed for the following relief(s):
(2) to direct the Respondents to maintain the admission of the Petitioners in accordance the criteria as prescribed under Admission Rules 2018 and declare them eligible for admission to the MBBS UG course for the academic session 2024-2025 under the NRI quota.
(3) any other relief, which the Hon'ble Court considers proper, may kindly be awarded.”
7. The petitioner(s) in WPC No. 5335/2024, has prayed for the following relief(s):
The court ruled that admissions under the NRI quota must adhere to existing rules, and arbitrary changes post-admission are invalid.
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The Chandigarh Administration has the authority to impose distinct admission criteria for MBBS and BDS courses for Foreign Indian Students, justifying the exclusion of NRI wards among other provision....
The court declared rules creating residency-based reservation for medical admissions unconstitutional as they violate Article 14, ensuring equality before law prevails in educational opportunities.
OCI cardholders do not have equal admission rights as Indian citizens in medical college quotas, and regulations must be strictly followed.
Reservation of postgraduate medical seats based on domicile is constitutional, supporting local education while respecting equality principles.
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