1 2025:CGHC:38705-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 55 of 2025 Prem Narayan Shukla S/o Shri Amrit Lal Shukla, Aged About 47 Years Resident Of Lig-1356, Housing Board Colony, Saddu, Raipur, Tahsil And District Raipur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Health And Family Welfare Department Mahanadi Bhawan, Nava Raipur Atal Nagar, Raipur Chhattisgarh 2 - The Commissioner Medical Education, Swasth Bhawan, North Block, Sector 19, Nava Raipur Atal Nagar, Raipur Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Jai Prakash Shukla, Advocate For Respondents-State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 05.08 .2025 1. Heard Mr. Jai Prakash Shukla, learned counsel for the petitioner as well as Mr. Sangharsh Pandey, learned Government Advocate, appearing on behalf of the State/respondents. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.08.05 18:29:47 +0530 2 2. The present petition has been filed by the petitioner with the following relief(s):- “10.1 That the the Hon'ble Court may kindly be pleased to issue writ in the nature of mandamus/certiorari/prohibition thereby to declare Rule 13(स) (1) of Chhattisgarh Medical, Dental, and Physical Treatment (Physiotherapy) Graduate Admission Rules 2018 as notified in official Gazette of Chhattisgarh with No. F-21-02/2018/N/55-4 dated 25/05/2018 as ultra-vires. 10.2 Hon'ble Court may kindly be pleased to issue writ in the nature of mandamus/certiorari/prohibition thereby to quash impugned Rule 13(स) (1) of Chhattisgarh Medical, Dental, and Physical Treatment (Physiotherapy) Graduate Admission Rules 2018 as notified in official Gazette of Chhattisgarh with No. F-21- 02/2018/N/55-4 dated 25/05/2018 being illegal, unconstitutional and ultra-vires. 10.3 That, the Hon'ble Court may kindly be pleased direct the respondents to frame suitable legislation to prevent mis-utilization 3 of such quota or any malpractice referable to NRI quota seats, as directed by The Hon'ble Supreme Court in P.A. Inamdar Supra and so long as the State does not do it, constitute Committee pursuant to case of Islamic Academy's direction to regulate such quota. 10.4 Any other relief as deemed fit by this Hon'ble Court may also be granted in favour of the petitioner.” 3. The present petition in the style of public interest litigation has been filed by the petitioner seeking to declare the Rule 13(l)(1) of the Chhattisgarh Medical, Dental and Physical Treatment (Physiotherapy) Graduate Admission Rules, 2018 as notified in official Gazette of Chhattisgarh with No. F-21-02/2018/N/55-4 dated 25.05.2018 as ultra-vires and to quash the same and to direct the respondents to frame suitable legislation to prevent mis- utilization of such quota or any malpractice referable to NRI quota seats. 4. At this stage, learned counsel for the petitioner as well as learned State counsel jointly submits that the Rules under challenge have been repealed and the new Rules namely, Chhattisgarh Medical, Dental and Physical Treatment (Physiotherapy) Graduate Admission Rules, 2025 have come into force, as such, the instant petition has become infructuous. 4 5. In view of the joint submission made by learned counsel for the petitioner and learned State counsel that the Rules under challenge have since been repealed and replaced by the Chhattisgarh Medical, Dental and Physical Treatment (Physiotherapy) Graduate Admission Rules, 2025, which are now in force, nothing survives for adjudication in the present petition. 6. Accordingly, the writ petition is dismissed as having rendered infructuous. The security amount deposited by the petitioner shall be refunded. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu