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2025 Supreme(Online)(Chh) 18437

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
YAESH CHANDRAKAR – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC/5706/2025



2025:CGHC:57441-DB MANPREET KAUR NAFR Digitally signed by MANPREET KAUR D 17 a : t 2 e 5 : : 2 1 0 6 2 + 5. 0 1 5 1 3 .2 0 7 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5706 of 2025 Yaesh Chandrakar S/o Nutun Kumar Chandrakar Aged About 22 Years R/o B00321, Dumar Talab Mohaba Bazar, Post Office- Tatibandh, District Raipur C.G.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Medical Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur C.G.

2 - The Union Of India Through Secretary, Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi.

3 - Medical Counselling Committee (M C C), Through Its Director, Directorate General Of Health Services (D G H S), Ministry Of Health And Family Welfare, Government Of India, New Delhi.

4 - Directorate Of Medical Education (C G D M E) Through Its Director, Directorate Of Medical Education, Government Of Chhattisgarh, Raipur C.G.

5 - National Medical Commission, Through Its Chairman, Sector-8 Dwarika, Phase-1, New Delhi.

6 - G I T A M Institute Of Medical Science And Research, Through Its Dean/principal G I T A M (Deemed To Be University), Gandhi Nagar Campus, Rushikonda, Visakhapatnam-530045, Andhra Pradesh.

... Respondent(s)

For Petitioner(s) : Mr. Sourabh Sahu, Advocate For Respondent(s) : Mr. Shashank Thakur, Dy. A.G., Mr. S.S.

Marhas, Advocate and Mr. Tushar Dhar Diwan, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

26.11.2025

1. Heard Mr. Sourabh Sahu, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General for respondents No.1 & 4 / State, Mr. S.S. Marhas, learned counsel for respondent No. 5 and Mr. Tushar Dhar Diwan, learned counsel for respondents No 2 & 3.

2. The present writ petition has been filed by the petitioner with the following prayers:

“(i) That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction directing Respondent No. 3 (MCC) to immediately provide a mechanism enabling the petitioner to submit his resignation letter from the allotted college, thereby permitting him to participate in the third round of counselling for NEET UG 2025-26.

(ii) That, Direct the Respondents to consider the case of the petitioner for inclusion in the third round of CGDME counselling, the result of which is scheduled to be declared on 29.10.2025.

(iii) Any other order/ orders, direction/ directions and relief/ reliefs which this Hon'ble Court may think fit and proper in the facts and circumstance of the case, may also please be granted to the petitioner in the interest of justice.”

3. Brief facts of the case are that the petitioner, belonging to the OBC category and being a domicile of the State of Chhattisgarh, appeared for the National Eligibility-cum-Entrance Test (NEET-UG) for the academic session 2025-26 conducted by the National Testing Agency (NTA). Upon qualifying the examination, the petitioner was issued a valid NEET scorecard, making him eligible to participate in both the All-India Quota (AIQ) counselling conducted by the Medical Counselling Committee (MCC) under the Directorate General of Health Services (DGHS), Ministry of Health and Family Welfare, as well as the State-level counselling conducted by the Chhattisgarh Directorate of Medical Education (CGDME). The petitioner participated in the first rounds of both counselling processes, however, due to his rank position, he did not receive any allotment. During Round 2 of MCC counselling, the petitioner was allotted a seat in GITAM Institute of Medical Sciences & Research, Visakhapatnam (Respondent No.6), where he accordingly took admission. Subsequently, the petitioner discovered through NMC public notices dated 15.09.2025 and 11.10.2025 that additional MBBS seats had been sanctioned for the ongoing academic year, amounting to an increase of 200 seats across various medical colleges in Chhattisgarh, substantially alteri

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