2026:CGHC:1640-DB NAFR Digitally signed INDRAJEET b S y A H IN U DRAJEET HIGH COURT OF CHHATTISGARH AT BILASPUR SAHU Date: 2026.01.22 14:34:16 +0530 WPC No. 1 of 2026

1 - Bhavna Singh D/o Ajeet Singh Aged About 29 Years R/o Block No.4, Ashish Nagar, West, Risali, Bhilai, District - Durg Chhattisgarh.

... Petitioner(s)

Versus

1 - State of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, New Raipur, District- Raipur Chhattisgarh 2 - Director Medical Education, Old Nurses Hostel, Raipur, District- Raipur Chhattisgarh.

3 – Pt. Deendayal Upadhyay Smriti Sansthan Through Registrar, Pt. Deendayal Upadhyay Smriti Sansthan, G.E. Road, Raipur, District- Raipur Chhattisgarh.

4 - Shri Balaji Institute of Medical Sciences, Through Registrar, Raipur, District - Raipur Chhattisgarh.

... Respondent(s)

For Petitioner : Shri Anup Majumdar, Advocate.

For State : Shri Shashank Thakur, Addl. Advocate General.

For Respondent No.4 : Shri Ajay Kumar Dwivedi, Advocate.

Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

12.01.2026 Per, Ramesh Sinha, CJ .

1 The petition under Article 226 of the Constitution of India has been filed by the petitioner against the inaction of the respondent authorities by which the petitioner was not allowed to participate in the counselling procedure of the Post-Graduate Course, and prayed for the following reliefs:-

“10.1. That, the Hon'ble Court may kindly be pleased to call for records pertaining to the case of the petitioner, in the interest of justice.

10.2. That, the Hon'ble Court may kindly be pleased to direct the respondents authorities to allow the petitioner to participate in the Counselling procedure for post graduation course, in the interest of justice.

10.3. That this Hon'ble court may kindly be pleased to direct the respondents to grant admission/confirmation in the Post Graduate Medical course, Masters of Surgery in ENT faculty, to the petitioner in the state quota as Scheduled Caste (Jatav)

candidate, in the interest of justice.

10.4. That this Hon'ble court may kindly be pleased to direct the respondents to schedule a counselling procedure for petitioner for admission/confirmation in the Post Graduate Medical course, Masters of Surgery in ENT faculty, regarding petitioner in the state quota as Scheduled Caste (Jatav) candidate, in the interest of justice.

10.5. That, any other relief, which this Hon'ble Court may deemed just and fit in facts and circumstances of the case.

10.6. That, the Hon'ble Court may kindly be pleased to issue writ/writs, direction / directions in the nature of certiorari and declare the Rule 6 (1) of The Chhattisgarh Medical Post Graduate Admission Rule, 2025, ultra vires / unconstitutional being voilative of the Article 14, 15, 16 of the constitution of India, in the interest of justice.”

2 The subject matter of the case, in brief are that the petitioner belongs to the Scheduled Caste category and was granted admission in the MBBS Course under the State quota and she pursued her MBBS Course. After completion of her MBBS Course she appeared in the NEET Post Graduation examination for the year 2025, in which she qualified and is entitled to counselling and admission in Post Graduate Course. She is entitled to counselling in the State quota based on her Social Status and Domicile certificate, as she was earlier considered for the State quota based on the said Social Status and Domicile certificate. Pursuant to that, the provisional seat in the M.S. (E.N.T.) course has been allotted to her at Shri Balaji Institute of Medical Sciences, Raipur. However, the petitioner was not allowed to participate in counselling on this ground alone that she is not entitled for State quota.

3 It is also the case of the petitioner that the petitioner was born and brought up in the State of Chhattisgarh. Her father is an employee of Bhilai Steel Plant since 1988, which is a Public Sector Undertaking. She was born on 12.12.1996, and in