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.

Judgment :

Ramesh Sinha, CJ.

1 Heard Mr. Rajeev Shrivastava, Senior Advocate assisted by Mr. Sandeep Dubey, Mr. Manas Vajpai and Mr. Kaif Ali Rizvi, learned counsel for the petitioner, Mr. Shashank Thakur, Deputy Advocate General for the State/respondent No. 1 to 3, Ms. Shreya Pawan Daga, holding the brief of Mr. Dheeraj Wankhede, learned counsel for the respondent No. 4 as well as Ms. Anmol Sharma, Standing Counsel for the Union of India/respondent No. 5.

2 By this petition under Article 226 of the Constitution of India, the petitioner seeks for the following relief(s):

“10.1 That, the Hon'ble Court may kindly be pleased to issue direction/directions, writ/writs in the nature of certiorari and declare the Rule 11(a) of the Chhattisgarh Medical Post Graduate Admission Rules, 2025 ultra virus / unconstitutional being voilative of the Article 14 of the Constitution of India.

10.2 That, Hon'ble Court may kindly be pleased to issue direction/directions, writ/writs in the nature of certiorari and declare the Rule 11(b) of the Chhattisgarh Medical Post Graduate Admission Rules, 2025 ultra virus / unconstitutional being voilative of the Article 14 of the Constitution of India.

10.3 That, the Hon'ble Court may kindly be pleased to issue direction/directions, writ/writs in the nature of certiorari and direct the respondents not to discriminate between the candidates belonging to categories mentioned in the Rule 11(a) and Rule 11(b) of the Chhattisgarh Medical Post Graduate Admission Rules, 2025.

10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case including claim in subject dispute.”

3 The facts, as projected by the petitioner are that the petitioner is permanent resident of the State of Chhattisgarh, her parents are also permanent resident of State of Chhattisgarh. The petitioner completed her High School Education from Bilaspur, Chhattisgarh. In the year 2018, the petitioner appeared in National Eligibility cum Entrance Test (UG) Examination, 2018 to secure admission in MBBS course and on the basis of its All India Rank, the petitioner was allotted VMKV Medical College and Hospital, Salem, on the basis of counselling conducted by Medical Council committee conducted by Directorate General of Health Services Ministry of Health and Family Welfare, Government of India. The petitioner successfully completed her MBBS course in 2023 and also successfully completed its compulsory rotating medical internship from 07/04/2023 to 06/04/2024. The petitioner has got her medical registration certificate from Tamil Nadu Medical Council, as well as Chhattisgarh Medical Council.

4 Thereafter the office of Respondent No. 4 issued notification for conducting the National Eligibility cum Entrance Test (Post Graduate) (NEET (PG)-2025) for purpose of admission in Post Graduate Medical Courses, which is only examination for purpose of admission in PG medical courses at all India Colleges / Universities except AIIMS. The petitioner applied for appearing in NEET (PG) Examination 2025 through National Board of Examination in Medical Science and submitted online application and got admit card for appearing in NEET(PG)- 2025. The exam was conducted on 03.08.2025, in which the petitioner successfully appeared and qualified the NEET(PG)-2025 examination and obtained All India Rank 75068. In view of the result, the petitioner is the eligible to get admission in PG course.

5 The State Government has framed the Rules, namely, the Chhattisgarh Medical Post Graduate Admission Rules, 2021 under the Chhattisgarh Chikitsa Mahavidyalayon Ke Snatkottar Pathykramon Main Pravesh Adhiniyam, 2002 (for short, the Act of 2002) for the purpose of admission in post graduate medical courses by gazette notification dated 09.12.2021. At the time of point, the P.G. Admission Rules, 2021 was applicable, which provides for admission in Post Graduate Medical courses under the College sit