W HtGH COURT OF CHHATTISGARH AT BILASPUR D.B. HON'BLE SHRt DHIRENDRA MISHRA.& HON'BLE SHRI R.N. CHANDRAKAR. JJ Writ Petition (Ct No. 4687 of 2010 Present: Dr. N.K. Shukta, Sr. Advocate with Mr. Shailendra Shutda, counsel for the petifioner. Mr. Y.S. Thakur, Dy. Advocate General for respondents No. 1 & 2. ;th Qral Order (15'nSeptember,2010) Per Dhifendra Mishra.J The petHioner appeared in Ihe Pre Medical Test Errtrance Examination conducted by the Chhattisgarh Professronat Examination Board, Raipur for admission to medical course, whteti was hetd in the year 2010, against the seat reserved under Freedom Fighter quota available to OBC. The peUUoner was invited and he appeared in the counseling, which was held on 23r<l July, 2010. When advertisement was issued in the newspaper for second counseling to be held on 27th and 28 August. 2010, it was teamt that atl the candidates belonging to Freedom Fighter, Physically Handicapped and Sainik quote have been invited. However, it was mentioned that no seat against Freedom Fighter quota is available for ttie candidates belonyng to ©eneral Categofy and OBC category, and the candidates belonging to SC or ST of the above categories were only invited for counseling. Grievance of the petitioner is that as per conditions of the prospectus (Annexure P/8), 3% seats of the total seate available in the Slata ought to have been reserved. However, out of 300 seats, only 4 seats have been reserved for Freedom Fighter quota as per Schedule A appended wWh the document of Annexure P/8, whereas they ought to have reserved 9 seats for Vn6 relatives of the freedom fighters belonging to different categories. The [ Pegtioner Rigved Arsh Slnghrol, S/o Shri Luvkush Singhrol, aged less 18 years, Mnor, through Ws natural guardian father Shri Luvkush Singhrol, S/o late Shri RP Sin^irol, resMent of 12/24, Shikshak Nagar, District Durg (CG) Versus Respondents T^ Stete of Chhattisgarh, Throu^i Secretery, Department of Health and Family Welfere, Mantralaya, DKS Bhawan, Raipur (CG) ^7 Director of Medical Education, Dlrectorate, Raipur, Chhattisgarh. ! ~3. ~ Secretary, ChhatBsgarh, Professtonat Examination Board, Raipur (CG) SfWv .31ii:. ^3 next ground urged in the petition is that the vacancy, if any, incas^ <rf non- avaitability of candidates betonging to Scheduled Caste or Scheduled Trtt>e under the Freedom Fighter quota, is to be filled up by way <rf vertteial reservation of the same category, thereby depriving the candidatas, who are relatives of freedom fighters, of admission to MBBS course. Shri Y.S.Thakur, tearned Dy. Advocate General appearing for the respondents No. 1 & 2, on instructions from the Director of Medical E.ducsSus}, Chhattisgarh, submits that two freectom f»ghterseats of OBC (^itegory have been allotted to Tusha Rani Kashyap and Sushma, who are at No.8 and No.9 in the freedom fighter merit tist, whereas posltion of the pedtfoner in freedom fighter merit list is at SI.No.IO. He further submitted that out of total 300 seats availabto in the State of Chhattisgarh, 18% seats is reserved for central pool and the admission is to be made only for 246 seats. Heard fearned counsel for e partjes. Taking into conskleration that two candidates belonging to OK; category have been allotted seats in Freedom Fighter quota in the MatScal College, Raipur and CIMS, Bilaspur as their position is higher in the merit list of ft^edom flghter candidates in the Pre Medfcal Test Enfranee Examinatton than the petitioner, we are ofthe opinte>n that no directipn, as prayed for in the petition, can be issued to the respondents. The petition is without any substanee, the same deserves to be and is, accordingly, dismissed at the admission stage itself. Sd/- Dhirendra Mishra Judge Sd/- R.N. Chandrakar Judge