;?r 9--F- 7^~-.-o-'7-- 3-<->0& HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR DIVISION BENCH CORAM : HON'BLE SHRI S.R. NAYAK, C.J. HON'BLE SHR! SATISH K. A6NIHOTRI, J. WRIT PETITIQN No, 5051 of 2006. PETITIONER r ~l" -i'- 11 Vs. RESPONDENTS 1. 2. Anoop Kumar Dhruw, S/o Chetan Singh Dhruw, Aged about21 years, R/o Nagari, District Dhamtari (Chhattisgarh) State of Chhattisgarh Through the Secretary, Department of Helath & Family Welfare, D.K.S. Building, Mantralaya, Raipur, Chhattisgarh. Director, Medical Education, Raipur, Chhattisgarh. Present: Shri V.R. Tiwari, learned counsel for the petitioner. Shri Vinay Harit, learned Dy. Advocate General with Shri Utkarsh Verma, learned Dy. Govt. Advocate for ihe State of Chhattisgarh. ORAL ORDER (Passed on 14tnSeptember, 2008) The following order of the Court was passed by S.R. Nayak, C.J. The petitioner belongs to a Scheduted Tribe. In the Pre-h4edical Test, 2006 for admitting students into Medical Colleges and other Technical Colleges, the petitioner secured Rank-46 among Scheduled Tribe candidates and Rank-1797 among the open category candidates. Having regard to his relative merit, the petitioner was called for first counselling to give admission in Chhattisgarh Institute of Medical Science, Bilaspur held on 14.07.2006. fn the counseling, the petitioner was offered admission under payment category. The petitioner accepted the offer, but, failed to join medical course by complying wlth the required r'a' formalities. When the matter stood thus, it is stated that the pedtioner voluntarily and without any call-letter went to participate in the second counselling held on 23.08.20(%, and w'rthout participating in the second counselling he seems to have deposited the fee and sought admission under free seats category, but he was not given admission. Therefore, the petitioner has moved this writ petition under Article 226 of the Constitution of India seeking intervention of the Court and for a direction to the respondents to offer him admission against free seat reserved for the Scheduled Tribes. (2) Learned counsel appearing for the petitioner would contend that having regard to the relative merit of the petitioner under the Scheduled Tribe category, he would have got admission under the Scheduted Tribe Category against free seats reserved for Scheduled Tribes and, therefore, the respondente erred in law in not inviting him to participate in the second counselling and not gh/ing him admission against free seats reserved for the Scheduled Tribes studente. In support of this submissfon, tearned counsel for the petitioner would place reliance on the observation of the Hon'ble Supreme Court in para 6 of the order in Mridul Dhar Vs. Union of India Para 6 of the order reads as follows: "6. The continued second counselling would be confined to only those, as per merit, who have not already been admitted in MBBS course in any of the government medteal colleges in the country. If a student has already been admitted there would be no question of such a student being permitted counselling again so as to change the medical collegewith a view to get admission in some other medlcal college. The student who, as a result of the oounselling already held, have taken admission in dentat colleges would, however, be permitted to participate in the counselling for getting a chance for admission in MBBS on their merit position. ' (2005) 2 SCC 88 p^ -3- Further, as a consequence, certain seats in dental colleges may fall vacant. They would be given as per merit in the ranking in the all-lndia quota. We make it clear that those admltted in MBBS would not be permitted to change the. coll^e. Those who have taken admission in dental coll^e would also not be pemnitted to change from one dental college to another daital college. The information about continued counselling would be given to all concerned by publication in electronic and print media by OGHS. The continued counselling must be over by 08.09.2004. The students must join by 13.09.2004. It is necessary to adhere to this schedule so that the remaining unfilled seats can revert and be filled by the State and only bare minimum number of seats may lapse. The State shal! also take timely action so that the seats to a great extent may not lapse and all the admissions and joining by students are over by 30.09.2004." (3) We are at a loss to understand how the above observations would help learned counsel for tfte petiUoner to support his submission. On the other hand, in our considered opinion, the observations made by the Hon'ble Supreme Court in para 6 of the order are against the petitioner. It is not the requirement of law ftat though a candidate is given admission in a Medical College under open category or reserved category and such student accepts such admission but does not join the Medical College, he should be again called to participate in the subsequent counselling to consider his admission in some other college and under some other category. In para 6 of the order, the Supreme Court has made it clear that those admitted in MBBS should not be permitted to change the college. In the context, it also means, the stijdents who are offered admissions under any category/college later cannot ctaim that they shoutd have been considered under some other category or some other college. If such claims are allowed, no admission process will be completed within the calendar of events of any University, and it would result in utter chaos and confusion. Learned counsel for the petitioner has utterly failed to -^ make out any ground warranting our interference and Issuing direction to the respondents to give admission to the petitioner-student under free seats category. The writ petition is, therefore, dismissed. No costs. Sd/- ChiefJustice Sd/- SatishK.Agnihotri Judge