1 WPC No. 5208 of 2025 2025:CGHC:49998-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5208 of 2025 Kamlesh Kumar Sangode S/o Late Jairam Sangode Aged About 50 Years Caste- Mahar, R/o Kanchan Ganga Phase- II, DDU Nagar- Raipur, Tahsil- Raipur, District : Raipur, Chhattisgarh ... Petitioner 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 Swasthaya Bhawan, 2nd Floor, North- Block, Sector-19 Nava Raipur, Atal Nagar, Chhattisgarh 3 - The Chairman, Counselling Committee, Directorate Of Medical Education, Chhattisgarh. ... Respondents (Cause title is taken from CIS) For Petitioner : Mr. Love Kumar Ramteke, Advocate For Respondents/ State : Mr. Shashank Thakur, Dy. Advocate General SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.10.08 18:47:48 +0530 2 WPC No. 5208 of 2025 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice 08.10.2025 1. Heard Mr. Love Kumar Ramteke, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Dy. Advocate General. 2. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, the Hon'able Court may kindly permit the petitioner's daughter, Venya Sangode, to participate in counseling for admission to the MBBS course, as the petitioner possesses a caste certificate issued from Raipur, 1986 Chhattisgarh. Annexure P/4. 10.2 That, this Hon'able Court please issue an appropriate writ to the respondent authority to allow the petitioner's daughter, Venya Sangode, to participate in the counseling/admission process for the MBBS course. 10.3 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. Learned counsel for the petitioner submits that the petitioner is the father of Ms. Venya Sangode, who is the aspirant of MBBS 3 WPC No. 5208 of 2025 course under NEET UG, 2025. Learned counsel would submit that the petitioner’s daughter belongs to Scheduled Caste category (Mahar). For the purpose of obtaining the caste certificate, she moved online application vide Annexure P/2 before the competent authority i.e. SDO, Revenue, Raipur on 05/08/2023. He would submit that alongwith the said application, she has submitted the requisite documents. Despite the said fact, till date the certificate has not been issued. In the meanwhile, the daughter of the petitioner qualified in the NEET UG, 2025 examination and she participated in the counseling process conducted by the Chhattisgarh Medical and Dental Counseling Committee. On due verification of the credentials, the provisional seat allotment letter for the institute Shri Balaji Institute of Medical Science, Raipur has been allotted in the second round counseling under the SC category. According to the learned counsel on account of non-issuance of the caste certificate by the competent authority it would be very difficult for the petitioner’s daughter to take admission in MBBS Course because if the said document/ certificate is not provided during the joining of the course, the college authorities may not allow her to take admission. 4. On the other hand, learned counsel for the respondents opposes the submissions made by the learned counsel for the petitioner and submits that since the daughter of the petitioner applied 4 WPC No. 5208 of 2025 under the SC category and on the basis of the same, the provisional seat allotment for MBBS Course was allotted under the SC category and hence, at the time of admission, the candidte is required to submit all the original credentials/ testimonials including the caste certificate as is provided under the provisions of the Chhattisgarh Medical, Dental and Physiotherapy Under Graduate Admission Rules, 2025 5. We have heard learned counsel for the parties and perused documents appended with the writ petition. 6. It is not in dispute that the petitioner’s daughter, Ms. Venya Sangode, has qualified the NEET (UG) 2025 examination and has been provisionally allotted a seat in Shri Balaji Institute of Medical Science, Raipur under the Scheduled Caste (SC) category in the second round of counseling conducted by the Chhattisgarh Medical and Dental Counseling Committee. However, according to the petitioner, the candidate is not in a position to submit the caste certificate at the time of admission because of non-issuance of the same by the competent authority. By placing reliance upon the order passed by this court in the matter of Ku. Pooja Awsarmol vs. State of Chhattisgarh and Anr. (WPC No. 1890/2018) the petitioner seeks permission to take admission of MBBS Course. 7. Very recently, this Court in WPC No. 4695/2023 filed by the petitioner has been dismissed on 26/09/2025 holding that in the 5 WPC No. 5208 of 2025 case of Ku. Pooja Awsarmol (supra) has been allowed to participate in the counseling on the basis of temporary caste certificate which was already issued by the compenten authority in her favour whereas in the case at hand, neither the temporary certificate nor the permanent certificate issued in favour of the petitioner and his children. Thus, the petitioner cannot be extended the benefit of the order passed in Ku. Pooja Awsarmol (supra). 8. From the record, it is evident that the daughter of the petitioner, as of now, does not possess a valid caste certificate. Mere pendency of an application for issuance of such certificate cannot confer upon the petitioner or his daughter any right to claim benefit under the Scheduled Caste category. The process of verification and issuance of a caste certificate is statutory, and until the competent authority issues such certificate, the petitioner’s claim remains unsubstantiated in law. 9. The counseling and admission process for the MBBS course is strictly governed by the applicable regulations, which mandate production of original and valid documents at the time of admission. The Court cannot, by way of a writ, relax or dilute such statutory requirements, particularly when no illegality or arbitrariness on part of the respondent authorities has been demonstrated. 10. It is thus clear that the petitioner’s grievance arises out of non- 6 WPC No. 5208 of 2025 issuance of the caste certificate by the competent authority. However, no direction can be issued to the respondent counseling authority to permit participation or admission without fulfillment of mandatory eligibility criteria. 11. Be that as it may, since the daughter of the petitioner opted the MBBS seat under the Scheduled Caste category, at the time of admission in the said course she is required to submit all the relevant testimonials alongwith the caste certificate. Thus, the relief sought by the petitioner to allow his daughter to take admission in MBBS Course on the basis of his own caste certificate which was obtained in the year 1986 cannot be granted. 12. In view of the foregoing discussion, this Court finds no merit in the present petition. The petitioner’s daughter cannot be permitted to claim admission under the Scheduled Caste category without production of a valid caste certificate issued by the competent authority. 13. Accordingly, the writ petition being devoid of merit liable to be and is hereby dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S.Bhilwar/ Gowri