1. The petitioner who appeared in the Pre Medical Test for admission to first year's M. B. B. S. course for the academic session 2003-2004 and secured 30th, 31st, 38th, 48th and 50th positions in the merit list prepared by the respondents, have questioned the legality, validity and propriety of the action of the respondents 1 to 3 by which the respondents after setting apart 30% seats for women candidates out of 42 seats meant for the open category prepared general merit list. They have challenged that the action of respondents with regard to allocation of seats to women candidates is violative of the concept of horizontal reservation. Horizontal reservation for women in each of the category is under Art.15 (1) of the Constitution of India and not under Art.15 (4), which is meant for vertical reservation.

2. After preparation of scheme by the respondents for conducting the premedical entrance test, Chhattisgarh Madhyamik Shiksha Mandal, Pension Bada, Raipur, issued a notification along with brochure, inviting applications and for conducting the pre - medical entrance test 2003 for admitting the students into medical college, agriculture college and veterinary college in the State