1 2025:CGHC:43157-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4569 of 2025 1 - Shubhangi Sinha D/o- Pankaj Kumar Sinha, Aged About 21 Years R/o- Street No. 01, House No. 1207, Indira Nagar, Charoda Bhilai- 3, Durg, Tahsil And District Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, District Raipur (C.G.) 2 - Secretary Medical Education Department Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - Directorate Of Medical Education, Raipur, District Raipur (C.G.) 4 - Commissioner Medical Education Chhattisgarh Raipur, Swastha Bhawan, Second Floor, North Block, Sector No. 19, Nawa Raipur, Atal Nagar, District Raipur (C.G.) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.08.28 11:55:32 +0530 2 5 - National Medical Commission Pocket- 14, Sector - 8, Dwarka Phase - 1 New Delhi - 110077 ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Ali Afzaal Mirza, Advocate. For Respondents/State : Shri Sangharsh Pandey, Govt. Advocate. For Respondent No. 5 : Shri Samrat Singh Marhas, appears on behalf of Shri R.S. Marhas, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 26.08.2025 1. The present writ petition has been filed with the following prayer:- (I) That, this Hon'ble Court may kindly be pleased to call for the entire record concerning the case of the petitioner from the respondent authorities for its kind perusal. (ii) That this Hon'ble Court may kindly be pleased to direct the respondent authorities not to allow the candidates to change their category which they have submitted while submitting their registration form at the time of NEET UG- 2025 (MBBS/BDS) Examination. 3 (iii) That this Hon'ble Court may kindly be pleased to set- aside the necessary information क्रमांक / Q- 1/छात्र/ कउंसि लिं ग / सिसि / 2025, Raipur, dated 31.07.2025 passed by the Chairman Counselling Committee, Directorate Medical Education (Annexure-P/1). (iv) That this Hon'ble Court may kindly be pleased to issue appropriate writ / order / direction, restraining the respondent authorities from taking any adverse action or passing any consequential order, prejudicially affecting the admission of the petitioner under the Chhattisgarh State NEET UG-2025 Examination conducted by NTA, New Delhi, whereby the petitioner have appeared and have attained All India Rank 171712 (Category Gen-EWS) at Sl. No. 1702. (v) That this Hon'ble Court may kindly be pleased to issue appropriate writ / order / direction, quashing any consequential order passed by the respondent authorities pursuant to the impugned necessary information and/or restrain the respondents from initiating any action against the petitioner. (vi) That this Hon'ble Court may kindly be pleased to issue appropriate writ / order / direction, of appropriate the 4 nature allowing the petitioner to appear in the Counselling of NEET-UG 2025 (MBBS/BDS) as per her Rank and marks obtained as per the Chhattisgarh State NEET UG-2025 Rank wise qualified list of candidates bearing S.No./Q- 1/Student/Counselling/DME/2025 Raipur, dated 26.07.2025. (vii) Any other relief or relief(s) which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case. 2. (a) Brief facts of the case are that the petitioner, after completing her 12th examination, applied for the National Eligibility Cum Entrance Test (NEET-UG 2025) under the EWS category through the online portal on 05.03.2025. Thereafter, the petitioner duly appeared in the examination and qualified. On 26.07.2025, the State Counselling Committee issued a list of eligible candidates, wherein the petitioner was placed at Serial No. 1702 with All India Rank 171712 and NEET-UG Score of 421. Subsequently, on 31.07.2025, the Commissioner, Medical Education issued an information allowing candidates to edit their details in the registration portal. Pursuant to this, many candidates changed their category by submitting EWS certificates, resulting in the publication of a revised merit list 5 for Round-1 of CG-NEET UG 2025. In the revised list, the petitioner’s position shifted to Serial No.2008 with EWS Category Rank 137. (b) Meanwhile, the respondents issued the tentative schedule for NEET-UG (MBBS/BDS) counselling for the Chhattisgarh State Quota, revised on 06.08.2025, with online registration commencing from 29.07.2025. According to the petitioner, by permitting candidates to alter their category after submission of application forms, the respondents acted in violation of the Chhattisgarh Gazette Notification dated 16.07.2025, particularly Rules 6 and 7 of the Medical Education Rules, 2025, governing the selection and counselling process. This arbitrary action has adversely affected the petitioner’s merit position and candidature, compelling her to file the present petition. 3. (I) Learned counsel for the petitioner submits that the action of the respondent authorities in issuing the notice dated 31.07.2025 permitting candidates to edit their details and change their category after the examination and publication of the provisional merit list is arbitrary, unconstitutional, and contrary to the Chhattisgarh Gazette 6 Notification dated 16.07.2025 as well as the Information Bulletin, both of which clearly provide that details such as domicile, category, and class entered at the time of online application shall remain immutable and cannot be altered. He would further submit that while the petitioner had applied under the EWS category, reflected in her admit card and in the merit list dated 26.07.2025 at Serial No. 1702 with score 421, she was unfairly pushed down to Serial No. 2008 with EWS rank 137 in the revised Round-1 merit list because several candidates, who had not originally opted for EWS, were allowed to change their category using the edit option. Such manipulation after the examination and issuance of the merit list amounts to a backdoor entry, violates settled rules and principles of fairness, and has gravely prejudiced the petitioner’s rightful chance of admission on the basis of her merit. (II) In respect of the contention of the petitioner, learned counsel would place reliance upon Rule 6 and 7 (i) of the Rules namely; Chhattisgarh Medical, Dental and Physiotherapy Under Graduate Admission Rules, 2025 (henceforth ‘the Rules, 2025’) and would submit that the eligibility or any other 7 information entered at the time of online application such as domicile, category, class will be immutable. Therefore, especially before selecting category, class, make sure to inspect the certificate of the desired time period in the desired format. He would submit that the said Rules have been framed by order and in the name of Hon’ble the Governor of Chhattisgarh and duly been published in the official gazette on 16/7/2025 and despite the said fact, by ignoring the said provisions, the Commissioner, Medical Education issued the letter dated 26/7/2025 by permitting the candidates to edit their details before the last date, which is contrary to the Rules, 2025 and not at all sustainable in the eyes of law. 4. Learned counsel for the respondents opposes the submission advanced by the learned counsel for the petitioner. During the course of argument by placing the communication dated 26/7/2025, 28/7/2025 and 6/8/2025 issued by the office of the Commissioner, Medical Education, Chhattisgarh, which are taken on record, they would submit that the candidates are allowed to edit their respective details before the last date of lock & submit option. They would also submit that initially the last date for choice filling & locking was fixed at 5/8/2025, 8 however, subsequently the same has been extended up to 11/8/2025. According to them, during the said period the candidates were allowed to edit their details and no one has been permitted to edit the details after the cut off/ last date i.e. 11/8/2025. The present petition filed by the petitioner on 21/8/2025, therefore, no relief can be granted in favour of the petitioner. 5. We have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto. 6. For the sake of convenience, Rule 6 and 7 (i) of the Rules, 2025 are quoted below : 6. Selection Process:- (a) Application for National Eligibility cum Entrance Test (NEET) for entrance examination conducted by authorized agency (1) Online applications will be invited for the entrance examination as per the dates fixed by the Agency. (2) The entries in the online application which are directly taken from the examination result data provided by the Central Government, 9 along with the entries like mobile number, e- mail address entered by the applicant himself, will remain unchanged. (b) Result of Examination: The Agency will declare the category wise merit list and marks list of all the candidates. Only the list of eligible candidates from the said merit list will be made available to the Directorate by the National Examination Agency. Only eligible candidates will be included in the merit list as per Rule 3 and Rule 4. Eligible candidates will be allotted colleges and courses through counselling as per Rule 7 according to the order of the merit list on the seats available in the state quota. 7. Counselling Process :- The entire counselling process will be conducted online as per the instructions given by NMC. Online counselling will be done by the Directorate as per Rule-3 on the basis of merit list prepared as per Rule-6 for admission to available seats in undergraduate courses of Government Medical College of the State, Government quota seats of 10 Private Medical College and Management quota and NRI quota seats of Private Medical College/Seats of Government Dental College of the State, Government quota seats of Private Dental College and Management quota and NRI quota seats of Private Dental College/Seats of Government Physiotherapy College of the State, Government quota seats of Private Physiotherapy College and Management quota and NRI quota seats of Private Physiotherapy College on the basis of merit list prepared as per Rule-6. (i) After the merit list is declared as mentioned above, online applications will be invited for the seats in Chhattisgarh State. The eligibility or any other information entered at the time of online application such as domicile, category, class will be immutable. Therefore, especially before selecting your category, class, make sure to inspect the certificate of the desired time period in the desired format. Candidates will have the option to change the institute selection in each round of counselling. 11 XXX XXX XXX 7. Bare perusal of the pleadings and the documents appended with the petition and upon perusal of the communications dated 26/7/2025, 28/7/2025 & 6/8/2025, which were produced by the respondents during the course of arguments, it is evident that on due consideration of cut off marks for eligibility to apply for admission into UG Medical/ Dental Courses for the Academic Year 2025-26, as per the data received from the Directorate General of Health Services (DGHS), Government of India, New Delhi, the Chhattisgarh State NEET 2025 eligible candidate list (As per data received from NTA) was published on 26/7/2025 and thereafter, by letter dated 28/7/2025 the OnLine application for admission in MBBS/BDS through NEET UG has been published wherein they fixed the schedule for OnLine application from 29/7/2025 to 4/8/2025 and the date of choice filling & locking fixed between 29/7/2025 to 5/8/2025. 8. Clause 2 of the letter dated 28/7/2025 provides as under : यदि ऑन- ईन आवेन पूर्ण करन क बा Lock & Submit भी! कर "क है$, तबा भी! ऑनईन आवेन मां& पूरिरवेतन करन हैत है$ त( पूरिरवेतन हैत" निन"ल्क Edit करन क+ "निवेधा आवेन क+ अंतिम तिथि तक उंपूब्ध रहैग! निकन्त" ऑनईन आवेन मां& 12 ऐ ! प्रनिवेष्टि2य3 (एन्ट्री6) जो( निक क न्द्र न द्वार उंपूब्ध करय गय पूर!क्षा पूरिरर्णमां डाटा !धा आत! है=, उंन प्रनिवेष्टि2य> निहैत आवेक क स्वेय प्रनिवे2 निकय गय मां(बाई नम्बार, ई- मां पूत अपूरिरवेतन!य रहै&ग। Subsequently, by notice dated 6/8/2025 the OnLine application period extended up to 10/8/2025 and the choice filling & locking extended up to 11/8/2025. The petitioner filed the present petition on 21/8/2025 that too much after the last date of choice filling & locking. 9. Rule 7(i) of the Rules 2025, provides that after declaration of merit list, online applications will be invited for the seats in Chhattisgarh State and the eligibility or any other information entered at the time of online application such as domicile, category, class will be immutable. However, as far as liberty given by the Commissioner Medical Education Chhattisgarh by notice dated 28.07.2025 to make correction or changes in the online application form before the last date of lock and submit, which is not prohibited and hence, the permission granted to the candidates to edit or make correction on the online application form before the last date of choice filling and locking cannot be termed as illegal or contrary to the Rules 2025. The Commissioner Medical Education granted the 13 aforesaid liberty to the candidates in the letter and spirit of the Rules framed by order and in the name of the Hon’ble Governor of Chhattisgarh. 10.From the above facts it is manifest that the letter dated 28/7/2025 itself provides for editing the details submitted by the candidates before the last date of choice filling & locking. Thus, there is no illegality or irregularity at all. The petitioner failed to establish her case by placing sufficient material. 11.Accordingly, this writ petition stands dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib/gowri