1 2025:CGHC:54770-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5871 of 2025 Lavanya Nagle D/o Ajay Kumar Nagle Aged About 21 Years Caste- Mahar, R/o Garden City Near Rajkishor Nagar Mopka, Bilaspur, District- Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare, Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh 2 - Office Of The Commissioner Medical Education Chhattisgarh Swasthya Bhawan, 2nd Floor, North-Block, Sector-19 Nava Raipur, Atal Nagar, Chhattisgarh 3 - The Chairman Counselling Committee, Directorate Of Medical Education, Chhattisgarh, Swasthya Bhawan 2nd Floor, North-Block Sector-19 Nava Raipur, Atal Nagar Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Love Kumar Ramteke, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.11.12 10:44:54 +0530 2 11.11.2025 1. Heard Mr. Love Kumar Ramteke, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate for respondent / State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That, this Hon'ble Court may kindly issue an appropriate writ directing respondent authority to consider and allow the petitioner for participate in futher rounds of counseling process in MBBS course. 10.2 That, this Hon'ble Court may kindly be pleased to grant any other relief or pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the present case in the interest of justice.” 3. Brief facts of the case are that the petitioner passed the 12th standard (Science) examination in the year 2023 and is a permanent resident of the State of Chhattisgarh. The petitioner belongs to the ‘Mahar’ caste, which is recognized as a Scheduled Caste, and possesses a permanent caste certificate issued by the competent authority. The petitioner applied for the National Eligibility cum Entrance Test (UG) – NEET 2025 under the Scheduled Caste (Mahar) category. The result was declared on 14/06/2025, in which the petitioner secured an All India Rank of 1007332 and a Category Rank (SC) of 123493. Thereafter, the petitioner was allotted a seat in the Raipur Institute of Medical Science College, Chhattisgarh. However, the petitioner was not 3 included in the counselling process as submission of a caste certificate issued by the Chhattisgarh authority was made mandatory. It is further submitted that the Mop-up Round–3 counselling scheduled on 29/10/2025 has been postponed, and the seat allotment for the next counselling round is still pending. Hence this petition. 4. Learned counsel for the petitioner submits that the petitioner has successfully qualified the NEET (UG) Examination on her own merit and has been allotted a seat in the Raipur Institute of Medical Science College, Chhattisgarh. The petitioner belongs to the Scheduled Caste community “Mahar,” which is a duly recognized Scheduled Caste under the Constitution of India. It is emphatically submitted that the petitioner’s caste is genuine, valid, and not fabricated in any manner. It is further contended that the petitioner, being a girl from a Scheduled Caste background, is entitled to the constitutional protection and support envisaged under Articles 14, 15(4), and 46 of the Constitution of India, which aim to promote social justice and equality of opportunity for the weaker sections of society. The petitioner’s inclusion under the Scheduled Caste category is essential to enable her to achieve educational advancement and progress within the framework of the constitutional goals of equality and social upliftment. The learned counsel further submits that the petitioner had applied and participated in the NEET examination in accordance with the prescribed procedure and was included in the list allotted for the State of Chhattisgarh. Therefore, she is entitled to the benefit of reservation as per the applicable laws, rules, and regulations governing admission to medical 4 courses in the State. The petitioner’s grandfather, Late Shri Ramnath, had served in the South Eastern Railway (earlier Eastern Railway), Bilaspur Division, from the year 1970 till his demise in 1994, when Bilaspur was part of the State of Madhya Pradesh (now under the territorial jurisdiction of Chhattisgarh). The petitioner’s father has also been serving in the South Eastern Railway, Bilaspur Division, on compassionate appointment since 1994, which further establishes the petitioner’s permanent connection and residence within the State of Chhattisgarh. To substantiate its argument, learned counsel for the petitioner placed reliance in the matter of Pankaj Kumar Vs. State of Jharkhand [(2021) 20 SCC 545]. He placed reliance upon a judgment passed by this Hon’ble Court in the matter of Smt. Lalita Verma vs. State of Chhattisgarh and Others (WPC No. 1944 of 2019) passed on 29.08.2024. 5. Per contra, learned State Counsel submits that the petitioner was not included in the counselling process on the ground that she failed to produce a valid caste certificate issued by the competent authority of the State of Chhattisgarh, which is a mandatory requirement for availing the benefit of reservation under the Scheduled Caste category in the State quota seats. It is contended that although the petitioner claims to belong to the “Mahar” caste, the certificate relied upon by her was not issued by the Chhattisgarh authority and, therefore, cannot be treated as valid for the purpose of admission under the State quota. It is further submitted that as per the rules and guidelines framed by the Directorate of Medical Education, Chhattisgarh, and in accordance with the 5 notifications issued by the State Government, only those candidates who possess a valid Scheduled Caste certificate issued by the competent authority within the State of Chhattisgarh are eligible to claim reservation benefits in the State counselling process. The petitioner’s failure to produce such a certificate rendered her ineligible for inclusion in the counselling list. The learned State Counsel also contends that the petitioner was given sufficient opportunity to furnish the requisite documents in compliance with the prescribed eligibility criteria but failed to do so within the stipulated period. The authorities have, therefore, acted strictly in accordance with the rules and no illegality or arbitrariness can be attributed to the action of the respondents. It is further submitted that the counselling process, including the Mop-up Round-3, has been postponed, and the same will be conducted strictly as per the applicable norms and directions of the Medical Counselling Committee (MCC) and the State Government. Hence, the petitioner cannot claim any equitable relief at this stage in absence of fulfillment of the mandatory eligibility requirements. 6. Learned State counsel placed reliance upon the judgment of the Hon’ble Supreme Court in Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and Another v. Union of India and Another, (1994) 5 SCC 244, wherein it has been clearly held that the benefits of reservation and other privileges provided to the members of Scheduled Castes and Scheduled Tribes are confined only to those who are recognized as such in relation to the State in which they are permanent 6 residents. The Hon’ble Supreme Court further observed that a person belonging to a Scheduled Caste or Scheduled Tribe in one State cannot claim the same status in another State merely on the basis that the caste or tribe to which he belongs is recognized as a Scheduled Caste or Scheduled Tribe in both States. The entitlement to claim benefits under the reservation policy is determined by the State-specific Presidential Orders issued under Articles 341 and 342 of the Constitution of India. 7. Learned State counsel in order to substantiate its argument also placed reliance upon the judgment of the Hon’ble Supreme Court in Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College and Others, (1990) 3 SCC 130, wherein it was held that the benefits of reservation provided to members of Scheduled Castes and Scheduled Tribes are confined to those recognized as such in the particular State to which they belong and within which they are permanent residents. The Hon’ble Supreme Court, while interpreting Articles 341 and 342 of the Constitution of India, categorically observed that the recognition of a caste or tribe as a Scheduled Caste or Scheduled Tribe is State- specific. Consequently, a person who is recognized as a member of a Scheduled Caste or Scheduled Tribe in one State cannot automatically claim the same status or avail the same benefits in another State unless such caste or tribe is notified as a Scheduled Caste or Scheduled Tribe in that State as well. 8. Placing reliance on this settled position of law, learned State 7 Counsel submits that since the petitioner has failed to produce a caste certificate issued by the competent authority of the State of Chhattisgarh, she cannot claim the benefit of reservation under the Scheduled Caste category for admission within the State quota. The authorities have, therefore, acted strictly in accordance with the constitutional provisions and the law laid down by the Hon’ble Supreme Court in Marri Chandra Shekhar Rao (supra) as well as in Action Committee on Issue of Caste Certificate (supra), and no illegality can be attributed to their actions. 9. We have heard learned counsel for the parties and considered the submissions advanced by the respective counsel. 10. Upon perusal of the records and after hearing learned counsel for both parties, it is evident that the petitioner had applied for admission to the MBBS course under the Scheduled Caste (Mahar) category in the State of Chhattisgarh on the basis of a caste certificate not issued by the competent authority of the said State. The eligibility criteria for availing reservation benefits under the State quota clearly mandate that the candidate must possess a valid caste certificate issued by the competent authority of the State of Chhattisgarh. It is further observed that the petitioner failed to submit such a certificate within the stipulated time, due to which her candidature could not be considered for counselling under the Scheduled Caste category. The State authorities have acted in accordance with the prescribed rules and regulations, and no arbitrariness or illegality is found in their action. 8 11. This Court finds support from the law laid down by the Hon’ble Supreme Court in Marri Chandra Shekhar Rao (supra) as well as in Action Committee on Issue of Caste Certificate (supra), wherein it has been clearly held that the benefit of reservation for Scheduled Castes and Scheduled Tribes is confined only to those persons who are recognized as such in relation to the State of which they are permanent residents. A person belonging to a Scheduled Caste or Tribe in one State cannot claim the same benefit in another State unless the caste or tribe is recognized as such in that State as well. 12. In view of the settled legal position and the factual matrix of the present case, we find no merit in the petition. The authorities have rightly denied the petitioner the benefit of reservation under the Scheduled Caste category in absence of a valid caste certificate issued by the competent authority of the State of Chhattisgarh. 13. Accordingly, the writ petition stands dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet