PRIYA GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By these writ petitions filed under Article 226 of the Constitution of India, petitioners are challenging the order dated 10-9-2010 (Annexure P-l) whereby their admissions to the MBBS Course have been cancelled. The petitioners are also challenging the directions of the State issued in Annexure P-2, dated 10-9-2010 for lodging the First Information Report.

(2.) Brief facts of the case according to the petitioners are that they had appeared in Pre-Medical Test conducted by the State of Chhattisgarh in the year 2006. Petitioner Akanksha Adile secured general rank as 3893 and as she belongs to Scheduled Caste Category, her rank in S.C. Category was 396. Petitioner Priya Gupta secured general rank as 1614. The counselling was held for Jagdalpur Medical College on 22nd and 23rd August, 2006 and 2 seats from Central quota were reverted back to Jagdalpur Medical College vide Annexure P-4, dated 8-8-2006 and the names of the petitioners find place for their admission in Jagdalpur Medical College in the list (Annexure P-5) enclosed to the letter dated 8-8-2006. The contention of the petitioners is that since their admissions were in accordance with the directions of the Government on the basis of reversion of seats of Central quota, their admissions were in accordance

(3.) The stand of the State/respondent Nos. 1 and 3 is that CGPMT for academic year 2006-2007 was held in which aspirants for admission in medical course appeared. There were 3 Medical Colleges in the State of Chhattisgarh, they are, (1) Pt. JLN Medical College, Raipur, (2) Chhattisgarh Institute of Medical Science (CIMS), Bilaspur, and (3) Govt. NMDC Medical College, Jagdalpur. The distribution of seats is 100 each for Raipur and Bilaspur Medical Colleges whereas 50 for Jagdalpur Medical College. Out of total number of seats, 15% seats are given under the All India Quota and 3% seats are given under Central Pool Quota, meaning thereby that out of 100 seats, 18 seats should go to the Central Government for allotment by them to the students of CPMT and also for the students of Union Territory. Thus, so far as Raipur and Bilaspur Medical Colleges are concerned, the State has to distribute 82 seats for each Medical College and 41 seats for Jagdalpur Medical College. Petitioner Ku. Akanksha Adile is the daughter of the then Director, Medical Education, Dr. S.L. Adile who by virtue of his position could be said to be the Superior Officer for conducting and controlling the pre-medical examination and post graduate medical admission.