a- -vs. ^^' ,.t* ?^0° ^eo.'l GLEBE^ tN THE HIGH COURT OF JUDICATURE AT BILASPUR (CHHATTISGARH) W.P.N0.2o!-?~ / 2006 s Petitioners .-^' \ y \^ ^^i' o^- <t> 4p, / 1) Dr.Madhu BhavaniNaidu S/o Shri Vemkat Krishnesh, Aged about 29 years, R/o Dahi, Post Kujhi, Tahsit Dhar, Distt. Dhar (M.P.) 2) Dr.Praveen Agrawal, S/o Shri Gopal Narayan Agrawal, Aged about 29 years, R/o 3/1 Thatipur Cotony, Murar, Gwalior (M.P.) Versus Resppndents ^ ^ 1) The State of Chhattisgarh: Through the Secretary, Health Education Department, D.K.S. Bhawan, Raipur (C.G.) 2) The Director, Medical Education, State of Chhattisgarh, D.K.S. Campus, Raipur (C.G.) 3) The Dean, Pt. Jawahar Lal Nehru Memorial Medical College, Raipur (C.G.) 4) Dr. S.NAdile, ^Aembe^ of Counseling Committee, Pt.Jawaharlal Nehru Memorial College, Raipur(C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA -^f.^W^^S^.el^ XI-HC-22 3n^Tq>r i^iiRTsn^r sbli'hflfeT v 3Sf ^wwi, VnRww, Rcfiy^ 311^1 Ma*h ^, ^,,—/_•'. .^.:^^:^^ MK'ICfTBitntK fe^; 3Ti^?rwenwgfer 28/06/ax)6 Shri P.Diwatear, Sr| Coimsel for fhe petitfoncrs. Shri Sanjay S. Agramjal, Govt Advocate for fhe respondents. Heard. Both fhe pctitioners Medical CoBegc, Raipiir. Ipassed tfaeir Graduatkai (M.B.B.S) fioxa waiting Ust. Revised timc was approved by Hon'ble in Writ Ftetition No.2448/ 23/06/2006, but did not <nt<iFo<n-i 4ii<iTftte^<Rit<i< ^>3ri^T3D^T Advocate wifli Shri P.R. Patankar, They also coiapteted fheir rotatoiy iatemship fioxa the sani^ coUege. They appeared in Rre-P.G. examination and cleared ^he saine, but wcre in the waiting list. Petitioners took a cateulati^d risk &r ftituie aad chose to opt for schediile for admission to P.Q. Courses the Apex Court and fhe last date has bccn fixcd as 30th Junc, 2(^06. This Coiut white passii^ judgmcnt 004 on 05f 10/2004 directed fhe State to convert Assistant Sui^je^n quota seats into gcneral quota seafs. In view of the revised scjhcdule approved by Hon'ble fhe Apcx Covit, State of Chliattisg|trh decided to conduct counseling on notify the avaOable seate. This Court issued direction in Writ Pejtftion No.2454/2006 on 20/06f2006 to publteh aU fhe seats avail^ble with them onc day prior to the date of couiMeling i.e., 23/06/\'2006. Pursuaat to fhat, vacant seats iacluding Assistaat Surgeo|a quota seats which were converted into geiieral quota seats for aUij>tment in counscliag were published on 22/06/2006 and counseln(g fax>k place on 23/06/2006. Cfl^^ir) -tS'i--KciiieEl?^BtSi;®s3B®; HC-22 3^ '<iMici'ii,\<)T(1u'|s, l^ciwy 311^1 45|<tl *<iiwish*<it»)•"""•••••••••••••• g^ 200 f^t n^rw i* sn^r litl «Igfl a^i^i^wiwnfN' -'2-- coilmseJ On 23/06/2006 was at Sl. No.7 was called|, DMRD, DCH, MS (Opht^alino] (Orth) werevacaat. He sudden after completk>n| admission for non-submlfasion Peis&mer No.2 who was refased admission on fh4 boaa fide residcnt certifid'ate. tfae eligibility criteria, bu^ pretext, even counseling Assistaat Sui'geon quota notificatioa &r those fouif for counselmg on 30/06/^)06. counse|Ung The entuc 23/06/30)6 is iBegal an4 deseryes to be quashed. filed clauniag a firesh iatenm relie£ Learaed counsel foi petitioaers have been d^nied bona fide resident certlificate required to be filed =t)l<ll<1<fl-< *<IHclTiTfei<!) <Rl'WK ^?3t^IT31I^?r ai^nseling was sterted. Petitu>Der No. 1 who ri|, at that tunc P.G. seats offais option Vke qialinology), MD (Oynaec), MS (ENT), D. etcea-cised his optton for DMRD, but aU ofa of aU flie fonnalities, he waa refused of boaa fide resident certificate. |at Sl. No.8 was calted and he waa flatly ground that he has aot subxaitted the Both the petitioners were fuIfiUmg were refased admission oa such a &ke |was coxnpteted but those &ur seate of ^veie not altotted to any one aad a fresh seats was published offering caadjdates as conducted by icspoadente on arbitesuy and agaiast tfae rutes and that [Therefore, the iustaat petition has been c^iiasding aioag wifh au appMcatmn for by fhe| petitione the petitioners coatended that both the admission for non-subtnissKai of whercas no sucfa certificate is ;rs. The whole career ofboth fhe Jh— ^F TT. -r- :., ^.=Y-^L^^.. XI-HC-22 3^-<ll<llc1<l,®lfl<1'l6,RlclWy 3ii^i 4a<h il*ini sniich """"""""•"" W( 200 Rl+4' sn^r^ir R-fi+sn^T Sh1 «R<l SII^T^aRKflfeT ^- tiNtCT'lli t<]*iiiTft'tecA<Ri*cit ^TSlRlITSTI^T '"1 subnu^siou th4m stectii^g petitiDneis shEiQ be rxrin^ such a imlawftil counseliiji ordered. Oa fhe coatrar^ that no doubt ruks do not certificate and petitioners| the pretext of nori wiU afFect a large iMimbe^ 23/06/2006 and were affording opportumty to wiB cause piejudice to Admittedty, both pardcq'ating and setectu^j seats on 23/06/2006, b1 fhe conduct ofineinbers thein to admit ia P.G. of boiia fidc resident law/rules. In case of re-coh: •23f 06/2006 shafl also subject of their choice, if re-couaseliag wiU not c^n already faced the sam|3 refusiag re-coumselu^ rights offhe petitioners. 4d aad fhen- future witt dweU in dark if ijig is not set aside and no re-counseUag is ^, learaed counsel for respondents ui^ed >|t reqiiire submisston ofbona fide resident |cannot be deprfa/ed of fix>nu adnuessiDn on ofsuch certificate, but re-<»unsding of candidates who already appeared on fadmitted for P.G. Course and wifhout ^iU of fhem if re-counselmg is done, fhat the petittoners were entitled for subject of their choice fix>m fhc vacant ^t were deprived of fioni adinissk>a and ^fcounsding comimttEe who did not aBow Coilu-se on a lame exeuse of non-subnussion 4ertificate was not in accordance wifh -co|unseting, ofhers who participated on l^e eligible for firesh chofce aad may get awaBable in fheir turu, thcrefore, fi»sh c^use prejudicc to those caadidates who on 23/06/2006, on the ofhcr hand, ;r the valuable constitutiDiial ^ffl (^ygt) XI-HC-22 's^si •^Wvi^, »fll<M'i6, fawiyy ^n^r ira^ (IWvn sh*l|ch "Wi, 200 SII^T^I W* 3f^l ?ti^i<h ^ifi^ s^ t- Raju T -^^^ ^ 9ii^r?%WHfer ^- ch!^I^l<il'T/Rl^<-flf ^ f^t^ if^t^R ^T siptiq aii^i Last date up to which stud^nts can be admitted t^auist [vacant seats arising due to any rea^on is 30/06/2006 as appioved |by Hon'ble the Supreme Courfc Talang into consideration all ^he fticts and fhe date approved |by Hon'bfe the Supieme Court, it i^ directed thatby 30/06/2006 |coiuiselhig aad adnussiDn for aU f4e vacant seats nacluding those |for which counseling was coa^ucted on 23/06/2006 and ladinissmns were allowed, s] lcoiinselmg/aduussion by fhe resp^ndents/concemed authonties, aBowing both the petitioners withoi^t demauding bona fide resident cerdficate fi3oia thein to . a^>pear and participate the couaseling/adinission process ^br getting adinfaskai in P.G. Course ia accordaace witb lai^/ruJes, if otherwise eSyWB. However, this order shall aot afifec^ to a candidate who has already adnutted to auy P.G. Couise (js a result of counsetic^ pn 23/06/2006 who for any rei^on fi^ils to appear and participate on 30/06/2006, ifre-cdunseliag does |aot affect hjs chok-e. In the light of above ordei^ the instaat petitioa (W.P.No. 3015/2006), M,W.P.No.2305/200$ and I.A.No.6030/2006 stand disposed of. | Certified copy as per rules. I .,^^ ^. . V.K.Shrivastava Judge [T^^ai