The court ruled that administrative cancellations of provisional admissions in medical education must adhere to constitutional principles, and no vested rights arise from provisional allotments under judicial scrutiny.

ORDER :

Ramesh Sinha, C.J.

1. The present writ petition has been filed challenging the legality, validity and propriety of the order/ notification/ letter No. Q-1/ Student/ Counselling/ Sanchishi/ 2026, dated 22.01.2026 issued by the Commissioner, Medical Education, Chhattisgarh, whereby the entire counselling process of the first and second rounds conducted for admission to Post Graduate Medical Courses for the academic year 2025, along with the allotments made thereunder, has been cancelled, and further challenging the application of the amended Rule 11(a) of the Chhattisgarh Medical Post Graduate Admission Rules, 2025 to already selected candidates, along with the explanation dated 23.01.2026 as well as the subsequent order/notification dated 23.01.2026 intimating a fresh counselling process, on the ground that the same is arbitrary, unconstitutional and violative of Articles 14, 19 and 21 of the Constitution of India.

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

“10.1 To issue a writ and/or an order in the nature of appropriate writ do issue calling the records from the respondent authorities concerned for perusal of this Hon'ble Court, if thinks fit in the facts & circumstances of case;

10.2 To issue a writ and/or an order in the nature of writ of certiorari do issue quashing the order/letter dated 22/01/2026, issued by Respondent no 3 cancelling the counselling process of the first and second phases conducted earlier for the admission for the year 2025 and allotments made therein, in and all consequences arising thereof and related thereto,

10.3 To issue a writ and/or an order in the nature of writ of certiorari do issue quashing the order/letter dated 23/01/2026, issued by Respondent no.3 initiating fresh counselling process of the first and second phases conducted earlier for the admission for the year 2025, in and all consequences arising thereof and related thereto;

10.4 To issue a writ and/or an order in the nature of writ of certiorari and declare the application of Rule 11(a) of the Chhattisgarh Medical Post Graduation Admission Rules, 2025 as ultra vires so far as it relates to counselling done first and second phases conducted earlier for the admission for the year 2025:

10.5 To issue a writ and/or order in the nature of appropriate writ directing the letter/order dated 22/01/2026 and 23/01/2026 and Rule 11(a) of Chhattisgarh Medical Post Graduation Admission Rules, 2025 dated 22/01/2026 may be declared inoperative to the effect of allotment of petitioner and the petitioner to pursue studies with respect of admission taken.

10.6 To issue a writ and/or order in the nature of appropriate writ directing the respondent authorities for application of the Amended Rule 11(a) of the Chhattisgarh Medical Post Graduation Admission Rules, 2025 to the subsequent phases of counselling which will be conducted subsequent to order passed by this Hon'ble Court in MCC No. 40 of 2026 dated 16/01/2026

10.7 Cost of the proceedings;

10.8 To grant any other relief deemed just and proper in the facts and circumstances of the case for imparting complete and substantial justice to the petitioner.”

3. The facts of the case as emerges from the petition are that, the petitioner is a citizen of India and a permanent resident of the State of Chhattisgarh. The parents of the petitioner are also permanent residents of Chhattisgarh, and the petitioner holds a valid domicile certificate of the State. The petitioner is therefore entitled to all fundamental and constitutional rights guaranteed under the Constitution of India. The respondents are “State” within the meaning of Article 12 of the Constitution of India and are amenable to the writ jurisdiction of this Hon’ble Court.

4. The petitioner secured admission to the MBBS course in the year 2016 through CG PMT counselling at Raipur Institute of Medical Sciences, Raipur, under Pt. Deendayal Upadhyay Memorial Health Sciences and Ayush University of Chhattisgarh.