NEELKANTH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Rajeev Shrivastava, learned senior counsel assisted by Mr. Sourabh Sahu, learned counsel for the petitioner. Also heard Ms. Anmol Sharma, learned Central Government counsel, appearing for respondent No.1, Mr. Gagan Tiwari, learned Deputy Government Advocate, appearing for respondents No.2 to 4 and Mr. Ranbir Singh Marhas, learned counsel, appearing for respondent No.5.

(2.) The petitioner scored 341 marks out of 720 marks in the National Eligibility-cum-Entrance Test, 2022 (for short, 'NEET-2022') for taking admission in undergraduate Government and Private Medical Colleges as well as Dental Medical Colleges. There is a set of Rules, namely, Chhattisgarh Medical, Dental, Physiotherapy Undergraduate Admission Rules, 2018 (for short, 'Rules of 2018') to regulate the process of admission. In the first round of counselling that was held on 14/10/2022, the petitioner was issued a provisional allotment letter, allotting a seat in MBBS course in Government Medical College, Kanker under Scheduled Tribe category. In terms of the allotment letter, the last date for scrutiny of original documents was 8/11/2022 upto 4.30 PM and the last date for completion of the admission process was 9/11/2022. The petitioner presented himself before the authorities on 7/11/2022 along with the documents for the purpose of scrutiny, but he was told that he needs to have Medical Fitness Certificate, Notarized Affidavit and a Demand Draft. Since 8/11/2022 was a holiday, the petitioner could not obtain the Demand Draft and when he presented himself before the College authorities on 9/11/2022 with all documents, he was denied admission on the ground that he could not get his documents scrutinized before 8/11/2022.

(3.) The second round of counselling commenced from 11/11/2022 and by virtue of an interim order dtd. 13/11/2022, the petitioner was allowed provisional registration for the purpose of second round of counselling, however, making it clear that such provisional registration would not confer any right upon the petitioner and such provisional registration would be subject to final outcome of the writ petition.