1 2025:CGHC:45156-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4718 of 2025 1 - Priti Thakur D/o Kalyan Singh Thakur Aged About 19 Years R/o Village Raytum, Tahsil And District - Mahasamund Chhattisgarh ... Petitioner(s) versus 1 - Union Of India Through The Secretary, Department Of Higher Education, Ministry Of Education, New Delhi 2 - The Director (Exam) National Eligibility-Cum-Entrance Test (Ug)2025, Department Of Higher Education, Ministry Of Education, New Delhi 3 - The Commissioner-Cum-Chairman Medical Education Chhattisgarh, Health Building, Second Floor, North Block, Sector-19, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh 4 - The Dean Pt. Jawaharlal Nehru Memorial Medical College, Raipur, District - Raipur Chhattisgarh ... Respondent(s) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.09.04 18:06:03 +0530 2 (Cause title taken from CIS) For Petitioner(s) : Shri Aditya Khare, Advocate. For Union of India : Shri Ramakant Mishra, Dy. Solicitor General of India. For Respondents/State : Shri Y.S. Thakur, Additional Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 04.09.2025 1. The present writ petition has been filed with the following prayer:- 10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondents to correct the category of petitioner in online counseling form as 'non-ex-serviceman' category, within stipulated time, in accordance with law and provide admission to the petitioner in respondent no. 4 College for completion of MBBS/BDS course. 10.2 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case including cost of litigation. 2. Brief facts of the case are that: The petitioner has preferred the instant writ petition against inaction, apathy and 3 indecision on the part of the respondent authorities thereby not considering the case of the petitioner for correction in her Caste Category. Due to bonalfide omission at the time of submission of her online counseling form, the petitioner inadvertently put mark in Ex-service man', whereas the petitioner does not belong to 'Ex-Serviceman' category/quota. After knowledge of above bonafide omission, the petitioner has submitted an affidavit for correction of aforesaid bonafide mistake, but till date the same has not been corrected. The petitioner has also sent online application through e-mail for correction of above Ex- Serviceman quota, then also no action has been taken. It is submitted that the first round of counseling was conducted for admission in NEET-UG (MBBS/BDS) course from 18.08.2025 to 23.08.2025 and the second round of counseling is scheduled to be started from 27.08.2025 to 02.09.2025, third round of counseling is scheduled to be started from 15.09.2025 to 19.09.2025 and last round of counseling is scheduled to be started from 01.10.2025 to 02.10.2025. Hence this petition. 3. Learned counsel for the petitioner submits that the petitioner has been illegally and unjustly declared ineligible for 4 admission in the NEET-UG MBBS/BDS course due to a bona fide mistake committed by the operator of the Choice Centre while filling up the online counselling form on 30.07.2025, wherein the “Ex-Serviceman” category was wrongly selected, though the petitioner does not belong to the said category. Immediately upon knowledge of the said error, the petitioner submitted an online representation through the respondents’ e-mail along with an affidavit seeking correction of her category, but the same has not been considered. It is contended that despite the petitioner’s timely action, the respondents have failed to rectify the mistake, thereby depriving her of participation in the first round of counseling was conducted for admission in NEET-UG (MBBS/BDS) course from 18.08.2025 to 23.08.2025 and the second round of counseling is scheduled to be started from 27.08.2025 to 02.09.2025, third round of counseling is scheduled to be started from 15.09.2025 to 19.09.2025 and last round of counseling is scheduled to be started from 01.10.2025 to 02.10.2025, violating her fundamental rights guaranteed under Articles 14 and 16 of the Constitution of India. The petitioner submits that the error being purely clerical in 5 nature, and the petitioner being otherwise fully eligible, the respondents’ action in treating her ineligible is arbitrary, unjust, and against the principles of natural justice. It is further urged that if the correct category is reflected, the petitioner will duly qualify for admission to the MBBS/BDS course, and therefore, the respondents be directed to correct the same and consider her candidature in the ongoing counselling. 4. Learned counsel for the respondents opposes the submission advanced by the learned counsel for the petitioner. Learned counsel would submit that despite, giving chance to the candidates to correct their respective details before the last date of lock and choice filling the petitioner failed to correct the OnLine application form and hence, at this stage she cannot be allowed to edit the OnLine application form, because the last date has already been closed. He referred letter dated 28.07.2025 and submit that chance have been provided to candidates to correct their details in the OnLine application form before the last date of lock and choice filling. 5. We have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto. 6 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, 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. 7 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 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 8 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. XXX XXX XXX 7. Bare perusal of the letter dated 28/07/2025, it is evident that vide letter dated 28/07/2025 the respondent authorities gave chance to the candidates to correct their details in the OnLine applilcation form before the last date of lock and choice filling. Clause 2 of the letter dated 28/7/2025 provides as under : यदि ऑन- लाईन आवेन पू र्ण करन क बा Lock & Submit भी कर चुक है, तबा भी ऑनलाईन आवेन में पूरिरवेतन करन चुहैत है त पूरिरवेतन हैत निनशुल्क Edit करन क! सुनिवेधा आवेन 9 क! अंतिम तिथि तक उपूलाब्ध रहैगी निकन्त ऑनलाईन आवेन में ऐसु प्रनिवेष्टि+य, (एन्ट्री/) जो निक क न्द्र शुसुन द्वार उपूलाब्ध करय गीय पूरक्षा पूरिरर्णमें डाटा सु सुधा आत है6, उन प्रनिवेष्टि+य7 सुनिहैत आवेक क स्वेय9 प्रनिवे+ निकय गीय मेंबाईला नम्बार, ई- मेंला पूत अपूरिरवेतनय रहैगी। 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 25/8/2025 that too much after the last date of choice filling & locking. 8. While, submitting the OnLine form, the petitioner has gave an option that she belongs to Ex-servicemen category by mentioning YES against the said column and on due appreciation of the details submitted by the petitioner in respect of her social status and Ex-servicemen category has rightly been allotted the seat in favour of the petitioner in the first round allotment at Serial No. 1582 and she has been given admission in the Pt. Jawahar Lal Nehru Memorial Medical College, Raipur. On completion of the said process, the petitioner submitted an application that she has wrongly chosen the Ex-servicemen category, despite the fact that she is 10 not belong to such category and prayed for change of the said category and for allotment seat in MBBS afresh. 9. 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. The petitioner never approached the authority for necessary correction in the OnLine application form within the said stipulated period. Hence at this stage the relief sought by the petitioner cannot be granted and no direction can be given to the respondents to permit the petitioner to make any change & correction of his OnLine application form. 10.Accordingly, this writ petition stands dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib/gowri