PRIYA GUPTA Vs. STATE OF CHHATISHGARH

JUDGEMENT

(1.) Leave granted.

(2.) The Department of Medical and Family Welfare, Government of Chhattisgarh, vide its letter dated 10 th September, 2010 cancelled the admission granted to Akansha Adile and Priya Gupta in the MBBS course for the academic year 2006-07 in the Government NMDC Medical College, Jagdalpur (for short, the Jagdalpur College) with immediate effect.

(3.) Aggrieved by this order of the Government, both the students challenged the legality and correctness of this action in separate writ petitions under Article 226 of the Constitution of India. The High Court, vide its judgment dated 9 th August, 2011, held that admission to these petitioners had been given ignoring more meritorious and suitable candidates, which amounted to violation of natural justice to such other candidates and declined to interfere in the impugned order dated 10 th September 2010, hence giving rise to the present appeals. The appellants had appeared in the Pre-Medical Test conducted by the State of Chhattisgarh for the academic year 2006. The results were declared in July 2006 and Appellant No.1, Priya Gupta, secured general rank 1614 while Appellant No.2, Akansha Adile, secured general rank 3893. As the latter belonged to the Scheduled Caste category, her rank in that category was 396. This entrance exam was conducted by the State as per the notification of the State Government dated 8 th March, 2006 under the 'Chhattishgarh Medical and Dental Graduate Examination Rules, 2006' (Chhatisgarh Chikitsha Tatha Dant Chikitsha Snatak Pravesh Pariksha Niyam, 2006) (for short, 'the Rules'). These Rules provided for allocation of seats and reservation, the process for admission to the vacant seats, selection procedure as well as cancellation of admission and the matters incidental thereto.