2025:CGHC:14754-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1524 of 2025 Ankita Srivastava D/o Anil Kumar Srivastava Aged About 30 Years R/o Ward No. 36, Officers Colony, Dumanhill, Chirmiri Sonwani Colly, Koriya (C.G.) (Current Address C- 19, Mhs Mumgordganj, Prayagraj, U.P.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare And Medical Education, Sawasthya Bhawan State Govt Office, Sector 19, Kotara Bhantha, Atal Nagar- Nawa Raipur, Chhattisgarh 492101) 2 - Directorate Of Medical Education, Through Director, North Block, Sector- 19, Swasthya Bhawan, 2nd Floor, Nawa Raipur, Atal Nagar, Chhattisgarh, Pin - 492002 3 - Director Health Services, Sector- 19, North Block, Nawa Raipur, Atal Nagar, Chhattisgarh 4 - NBEMS (National Board Of Examination In Medical Sciences) Office At Court Dabri- Guragaon Road, New District Dwarka Sector 9, Psp Area, New Delhi 5 - Chairman, Counseling Committee, Directorate Of Medical Education, North Block, Sector- 19, Swasthya Bhawan, 2nd Floor, Nawa Raipur, Atal Nagar, Chhattisgarh, Pin -492002 6 - Shri Shankaracharya Institute Of Medical Science Through Director, Shri Shankaracharya Institute Of Medical Sciences, Distt, Shanti Nagar, Anustha Residency, Junwani, Bhilai, Chhattisgarh 490020 --- Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Aman Pandey, Advocate For Respondents/State : Shri Shashank Thakur, Dy AG For Respondent-6 : Shri Kshitiz Sharma, Advocate --------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board Per Ravindra Kumar Agrawal, J. 27.03.2025 Wpc 1524 of 2025 2 Heard Shri Aman Pandey, learned counsel for the petitioner. Also heard Shri Shashank Thakur, learned counsel for the State, and Shri Kshitiz Sharma, learned counsel for respondent-6. 1. Petitioner has made the following prayers in the petition: 10.1 Call for the entire records concerning the case of the petitioner from the respondents for its kind perusal. 10.2 Issue a writ/order/direction directing the Respondent Authority to allow the Petitioner to participate in the 5th round of counselling pursuant to the notification issued on 18.03.2025 (Annexure P/5) 10.3 Issue a writ/order/direction directing the Respondent Authority to refund the amount of Rs.2,00,000/- deposited by the Petitioner as a registration fees (Annexure P/2) 10.4 Issue a writ/order/direction directing the Respondent Authority to permit the Petitioner to participate in the examination for the next academic session. 10.5 Any other relief/reliefs which this Hon’ble Court may think fit and proper in the facts and circumstances of the case. 2. Facts of the case in brief are that on 19.12.2021, general information of online application and counselling procedure for admission in the National Eligibility Cum Entrance Test-Post Graduation – MD/MS Course (for short, ‘NEET PG Course’) was issued by the Director of Medical Education, Raipur (for short, ‘DME Raipur’), pursuant to the Chhattisgarh Medical PG Admission Rules, 2021 (hereafter, referred to as ‘Rules 2021’). The DME Raipur published a notification for admission Wpc 1524 of 2025 3 in the NEET PG Course for the year 2024, and the present petitioner is also a candidate for the same, having Roll No.24661128078, and had qualified in the said examination. It is the case of petitioner that as per the guidelines, the initial deposit of Rs.2,00,000/- has to be deposited by the candidate, if he/she opts for seat in a Private Medical College, and if after allotment of seat, the candidate fails to complete the admission process, the amount will be forfeited and the candidate will not be allowed to participate in the next round of counselling. On 07.11.2024, petitioner has deposited the initial deposit of Rs.2,00,000/- in order to participate in the counselling, and to opt seat in Private Medical College. On 09.03.2025, a notification was issued by the DME Raipur for 4th stray round of counselling and the last date for scrutiny was 12.03.2025 in physical mode. As per the select list, name of the petitioner was at Sl.No.12 against Shri Shankaracharya Institute of Medical Science, Bhilai. On that day in the 4th stray round of counselling, petitioner was allotted seat at Shri Shankaracharya Institute of Medical Science, Bhilai, and she completed all the formalities of the admission. Petitioner was required to submit the Bank Guarantee of Rs.10 lakh at the time of admission, along with other necessary documents, and when the petitioner could not submit the said Bank guarantee, she was advised to meet the authorities of the College and request them to consider her case but despite of her efforts, her admission was rejected, and she was deprived in further counselling as per the notification of the DME, and also not allowed her to appear in the examination in the next year. Wpc 1524 of 2025 4 3. Wpc 1524 of 2025 4 3. It is further case of the petitioner that since she has failed to obtain Bank guarantee within the time, the portal was closed, and she deprived of her admission in the 4th round of counselling. 4. On 18.03.2025, the DME Raipur issued another notification of 5th round of counselling. Since the petitioner having failed to take admission in the 4th round of stray round counselling, though allotment of seat, she is not eligible to participate in the 5th round of counselling also. Despite allotment of seat, her efforts to complete the formalities for want of Bank guarantee, and despite of her willingness to give undertaking for the same, the authorities have not allowed her to take admission, which is liable to be interfered with by this court, and she filed the writ petition with the aforesaid prayers. 5. The respondent/State in its return, has submitted that as per the guidelines for admission in NEET PG Course for the year 2024, candidate is required to deposit Rs.2,00,000/- as security deposit with respect to allotment of seat in Private Medical College. The petitioner had appeared in the 4th stray round of counselling on 09.03.2025, and she was allotted the seat in Shri Shankaracharya Institute of Medical Sciences, Bhilai, (referred to as ‘Medical College’), and her documents were duly verified, however, she failed to deposit the Bank guarantee of Rs.10 lakhs before the said Medical College, and for that reason, her admission was rejected. It is also avered in their return that to regulate the admission in PG Medical courses, the Rules of Chhattisgarh Medical Wpc 1524 of 2025 5 PG Admission Rules, 2021 have been framed, which has been notified in the official gazette on 10.12.2021. Rule 2.5 of the Rules 2021 stipulates that a candidate is required to deposit the registration fee of Rs.2,00,000/- for allotment of seat in Private Medical Colleges situated in the State of Chhattisgarh, and in case of failure in taking admission after allotment of seat, the said amount will be forfeited. The petitioner, after qualifying the NEET PG Courses examination, got herself registered with the concerned authorities for the counselling. She has been allotted seat in stray round of counselling. From the notice dated 09.03.2025, it is clear that the last date for admission in the concerned Private Medical College was fixed on 12.03.2025, and a note has been appended to the said notice that any candidate, who have been allotted the seats in stray round of counselling, and fails to take admission, he/she would not be entitled to participate in further round of counselling. Further, from the notice published by the Director General of Health Services, Ministry of Health and Family Welfare, New Delhi, dated 14.02.2025, it has been provided that the security deposit of candidates, who do not join their allotted seats in stray round of counselling, will be forfeited, and such candidate will be debarred from taking part in NEET Exam for the next year, and the said provisions of notice dated 14.02.2025 have duly been informed to all the students/candidates by issuing the notice dated 17.02.2025. It is further averred that another notice dated 05.03.2025 was issued by the Director General of Health Services, Ministry of health and Family Welfare, New Delhi, providing that the security deposit of Wpc 1524 of 2025 6 candidates, who do not join the seats allotted to them in the special stray vacancy round, will be forfeited, and they will not be eligible to take NEET PG Course exam for the next year, and thus, despite having been allotted the seat to the petitioner, she could not join the seat and produce the Bank guarantee, her admission was rejected, and her security deposit amount is forfeited, and therefore, she is not entitled for any relief in the petition. 6. Learned counsel for the petitioner would submit that in absence of the Bank guarantee, despite fulfilling all other formalities, and willingness to give undertaking to submit the same within two days, she was deprived for admission for PG course in the Medical College, which is arbitrary in nature. The amount of Rs.2,00,000/- to opt for seats in Private Medical College has timely deposited by the petitioner, and she has also completed all the requisite formalities as per the notification dated 09.03.2025. Since the different medical colleges have different norms and the Bank guarantee has to be specifically made on the name of the college, therefore, it was not possible for the petitioner to keep the same ready in order to procure admission in the said medical college. Since the petitioner is resident of Allahabad (now Prayagraj), and busy hours of bank in the month of March, and also in view of the Holi festival, she could not procure the Bank guarantee within the time, and she was ready to give undertaking to furnish the said Bank guarantee within two days, and requested the authorities to allow her to take admission, subject to deposit the Bank guarantee but her admission was denied by the Wpc 1524 of 2025 7 authorities, and therefore, the relief as claimed in the petition may be granted to her. 7. On the other hand, learned counsel for the State opposes and would submit that as per the rules, she could not take admission in the college despite allotment of seat to her and therefore, amount of security deposit has been forfeited and her admission was rejected. There is no arbitrariness in the said action of the authorities, and the petition is liable to be dismissed. 8. We have heard learned counsel for the parties, and perused the documents annexed with the petition. 9. The issue involved in the present petition is related with the Clause 2.5 of the Chhattisgarh Medical Postgraduate Admission Brochure, 2021, Government of Chhattisgarh, Directorate of Medical Education, Raipur, and according to the said rule, the Registration fee for admission in the Private Medical college is of Rs.2,00,000/-, and after 2nd allotment of seats, if a candidate fails to take admission, the said registration fees should be forfeited. 10. Clause 2.5 of the Rules 2021 is reproduced hereunder for ready reference: Hkkjr ds jkti= Hkkjrh; vk;qfoZKku ifj"kn vf/klwpuk ubZ fnYyh 05 vizSy 2018 la-Hkk-vk-i-&18¼1½@2018&esM-@100818 ds vuqlkj jftLVªs’ku Qhl 'kkldh; laLFkk dh lhVksa gsrq #0 iPphl gtkj ¼vkjf{kr Js.kh gsrq #0 ckjg gtkj ikap lkS½ Wpc 1524 of 2025 8 ,oa futh laLFkk dh lhVks gsrq jftLVªs’ku Qhl #0 nks yk[k ykxw gksxh rFkk tks f}rh; vkcaVu i’pkr izos’k ugha ysus ij fu;ekuqlkj jktlkr dj yh tk;sxhA ¼uksV % dsUnz 'kklu }kjk tkjh fn’kk funsZ’k le;kof/k esa izkIr gksus ij ;Fkkor ykxw gksxh½ 11. Further, from the notice dated 09.03.2025, issued to the candidates for allotment of stray round vacancy of seats, which is annexed with the petition as Annexure P3, in note-1, it has been mentioned as under: NÙkhlx<+ uhV ihth esfMdy LVªs osdsalh jkmaM dkmalfyax esa vkoaVu izkIr djus okys vH;FkhZ] ;fn izos’k ughs ysrs gSa] rks Lor% vkxkeh dkmalfyax izfØ;k ls ckgj gks tk,axsA 12. As per the required document for admission in Shri Shankaracharya Institute of Medical Science, Bhilai, the candidate is required to submit the Demand Draft of Rs.10,79,000/- for clinical subjects, and Rs.8,73,200/- for non-clinical subjects, and further, Bank guarantee of Rs.10 lakhs, at the time of verification at scrutiny center. The requirement of the documents and list of the documents were published by the said Medical College authorities, which is also annexed with the petition at page 40, and the relevant portion of the said list is as under: REQUIRED DOCUMENTS LIST FOR MD/MS ADMISSION 2024 Documents to be submitted at the time of verification at scrutiny centre:- 1. Allotment Letter 2. Scrutiny Receipt Wpc 1524 of 2025 9 3. Demand Draft of Rs.10,79,000/- For Clinical Subjects (In Favour of SSIMS College I (60259725957), Payable at Bhilai 4. Demand Draft of Rs.8,73,200/- For Non-Clinical Subjects (In Favour of SSIMS College I (60259725957), Payable at Bhilai 5. Hostel Fee Demand Draft as per fee structure point No.4, 5 and 6 (In Favour of SSIMS College I (60259725957), Payable at Bhilai 6. Bank Guarantee of Rs.10,00,000/- (Rs.Ten Lacs Only) xxxxx 13. It is not in dispute that the petitioner was not allotted the seat at Shri Shankaracharya Institute of Medical Science, Bhilai, and it is the say of the petitioner herself that she could not produce the Bank guarantee with the college, and requested to take admission, subject to submission of the Bank guarantee within two days, and ready to give undertaking for the same. However, the Rules, 2021 do not provide any extension of time to complete the formalities after taking admission in the college. Since the petitioner could not submit the Bank guarantee in time, she was not given admission in the allotted seat, and from the aforesaid rules, it cannot be said that the authorities have arbitrarily exercised their discretion not to give admission to the petitioner. Petitioner was required to deposit the Bank guarantee at the time of verification at Scrutiny Center as per the norms fixed by respondent-6/Medical College, and when she failed to submit the same, her admission is rejected. 14. Petitioner has also claimed refund of Rs.2,00,000/- which has been deposited by her. It is claim of the petitioner that she deposited the said amount as Security deposit, and it is not the petitioner, who did not take Wpc 1524 of 2025 10 admission in the College but it is the case where she could not be given admission for want of Bank guarantee, despite her request to give undertaking for the same. 15. Be that as it may, when the petitioner was allotted seat in the stray round of vacancy, and allotted respondent-6/ Medical College for admission in Post Graduation Course, she has to complete the required formalities of admission as per norms of the College but she has failed to submit the Bank guarantee of Rs.10 lakhs, as required by the College, and therefore, her admission was rejected, which, in the opinion of this Court, cannot be said to be arbitrary or illegal. 16. As per Rule 2.5 of the Rules, 2021, when she failed to take admission in the College against the allotted seats, the amount of Rs.2,00,000/- deposited by her has been forfeited. From perusal of the Rule 2.5 of the Rules, 2021, it reflects that for admission in the Private Medical College, the registration fee for counselling was Rs.2,00,000/-, which has been deposited by the petitioner, and the said amount is the registration fees. In failure to take admission in the college, the said amount has been forfeited, and the petitioner failed to take admission in the given college. It also reflects from the Notice dated 17.02.2020 issued by the DME, CG Raipur, which is annexed with the return filed by the State as Annexure R1 at Page-9, the conditions have been disclosed to the candidates that if they failed to take admission and not joined in the allotted seat, their amount of Security deposit would be forfeited, and Wpc 1524 of 2025 11 he/she would be debarred for the next PG examination. The relevant part of the notice dated 17.02.2025 is reproduced hereunder for ready reference: // ्ቚवेश वे्ቧ 2024 चिचि ቜኋ በኋत ्ቈर (MD/MS) पा्቏्ቅम ᮇᯡ वे सी रउंड उंसीचिग हेत आवे्ብ सी#ना // ्ቚवेश वे्ቧ 2024 छ.ग. र्ቋ चिचि ቜኋ በኋत ्ቈर (ML/MS) पा्቏्ቅम उंसीचिग म भाग ना वे सीभा सीबंचि)त अ्ቜचि,ोሱ सी#चित चि ोሱ जात हे/ चि मचिड उंसीचिग नाटी (MCC) ቛኋर जार पा्ቔ म 1 12021/04/2024 MEC चि3ना 14.02.2025 (सी्ሿ) म चि3ए गए चिना36शना सीर ोሱचि3 ई अ्ቜ,8 ᮇᯡ वे सी रउंड म सीटी आवेचिटीत हेना बं3 ्ቚवेश नाहे त ोሱ जा9इना नाहे रत हे/ त उंसी चिसीቄኘरिरटी चिडपाचिजाटी रचिश जा्ቐ र आएग और उंसी अग वे्ቧ नाटी पाजा पारቌኋ म सीቜኌAचित हेना सी वेचित र चि3ोሱ जाएग। अत ्ቚवेश वे्ቧ 2024 छ्ቈसीगढ़ र्ቋ चिचि ቜኋ በኋत ्ቈर (MD/MS) पा्቏्ቅम ᮇᯡ वे सी रउंड सीቜኌAचित हेना वे अ्ቜ,8 उंपार्ሹ सी्ሿ पा्ቔ म उंቤኔቜኌFत सीभा चिना36श पाना सी चिनाचिGत र तचि उंचिसीचिग ्ቚचि्ቅोሱ म उंኔ᭣ चि सी भा ्ቚ र असी चिवे) ना हे । 17. After going through the entire documents annexed with the petition, and considering the submissions made by the learned counsel for the parties, we are of the opinion that the petitioner could not able to make out the case to grant relief in her favour. Therefore, we do not find any good ground to allow the petition, and consequently, petition is hereby dismissed. 18. No order as to costs. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice padma