Higher merit cannot override established horizontal reservation rules; allotment must strictly adhere to statutory frameworks.

JUDGMENT :

RAMESH SINHA, CJ.

1. Heard Mr. Bidya Nand Mishra, learned counsel for the petitioner as well as Mr. Shashank Thakur, learned Additional A.G. on behalf of the respondents/State and Mr. Siddharth Pandey, learned counsel for the respondent No.5.

2. The petitioner, who appeared in the NEET-2025 examination for admission to the MBBS/BDS Course under the Government Quota in the State of Chhattisgarh, has approached this Court being aggrieved by the action of the respondent authorities in depriving him of seat allotment in the MBBS Course for the academic session 2025 in Bharatratna Late Atal Bihari Vajpayee Government Medical College, Rajnandgaon (C.G.), despite his higher merit position. It is the case of the petitioner that though one clear vacancy under the SC category (without any sub-category) was available in the said institution during the Mop-Up Round, and though he was placed at Serial No. 877 in the merit list (3rd Round) uploaded on 24.10.2025, he was illegally superseded by a lower-ranked female candidate, namely Liza Mahima (respondent No.5), who was placed at Serial No. 882 in the same merit list and was allotted the seat vide Provisional Allotment List of the Mop-Up Round published on 05.11.2025. The petitioner further asserts that his representation dated 06.11.2025 highlighting the said anomaly was not considered by the authorities, compelling him to invoke the jurisdiction of this Court seeking redressal of his grievance.

3. The present petition has been filed by the petitioner seeking the following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to call the entire records relating to this case.

10.2 That, this Hon'ble Court may kindly be pleased to allow the petition and set aside the impugned Chhattisgarh Neet-UG (MBBS/BDS) 2025 Provisional Allotment List-Mop-Up Round dated 05.11.2025 (P/5) with reference to serial no.113 of the list allotted in the name of female candidate Liza Mahima respondent no.5 by which the petitioner is deprived of his legitimate right to selection for admission.

10.3 That, this Hon'ble Court may kindly be pleased to quash the admission taken by respondent no.5 in MBBS Course 2025 illegally in the said institution MGMC Rajnandgaon on the basis of undue favour by respondent no.1 to respondent no.4 as stated above.

10.4 That, this Hon'ble Court may kindly be pleased to direct respondent's no.1 to 4 to grant and allow petitioner's admission in MBBS 2025 Course in Govt. Quota in the said institution "Bharatratna Late Shri Atal Bihari Vajpayee MGMC" Rajnandgaon (C.G.) on the basis of facts and grounds stated above.

10.5 That any other relief, which this Hon'ble Court may deem fit and proper together with cost of the petition.”

4. The facts of the case are that, the petitioner is a citizen of India and is entitled to all legal and fundamental rights guaranteed under the Constitution of India. The petitioner appeared in the NEET-UG 2025 examination conducted for admission to MBBS/BDS courses in the State of Chhattisgarh in accordance with the prescribed rules. As per the “NEET-UG (MBBS/BDS) 2025 Mop-Up Round Seat Matrix” uploaded on 13.10.2025 on the CGDME website, one clear vacancy under the SC category (without any sub-category) was available under the Government Quota for the MBBS course in Bharatratna Late Atal Bihari Vajpayee Government Medical College, Rajnandgaon. The reservation policy governing the allotment of such seats is contained in the Gazette Notification dated 16.07.2025 issued by the Medical Education Department, Government of Chhattisgarh.

5. The CG-NEET-UG 2025 Merit List for the Mop-Up Round (Round-3), uploaded on 24.10.2025, showed the petitioner placed at Serial No. 877 with Category Rank