1 2025:CGHC:8579-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 927 of 2025 Uma Shankar Kanwar S/o Santram Kanwar aged about 39 Years R/o 194 Vijay Nagar Binjhra Gevra Pariyojna Binjhri Deepka Katghora District - Korba (C.G.) ... Petitioner(s) versus 1. National Board of Examination in Medical Sciences Mahatma Gandhi Marg (Ring Road) Ansari Nagar New Delhi 110029 2. Director Health OfÏcer Raipur District- Raipur (C.G.) 3. Commissioner Medical Education Chhattisgarh Second Floor North Block Sector - 19 Nawa Raipur Atal Nagar Raipur District - Raipur (C.G.) 4. Selection Committee Directorate of Medical Department, Raipur, District - Raipur (C.G.) 5. Axis Bank, E 66 Yadunandan Nagar Tifra Near Shiva Chowk Bilaspur District - Bilaspur (C.G.) ...Respondent(s) For Petitioner : Mr. Purnendra Khichariya, Advocate. For Respondent No. 1 : Mr. Adhiraj Surana, Advocate. For Respondents No. 2 to 4 : Mr. Shashank Thakur, Deputy Advocate General. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.02.19 17:13:42 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 19.02.2025 1. Heard Mr. Purnendra Khichariya, learned counsel for the petitioners. Also Mr. Adhiraj Surana, learned counsel, appearing for respondent No. 1 and Mr. Shashank Thakur, learned Deputy Advocate General, appearing for respondents No. 2 to 4/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 be pleased to allow this petition and may further order the respondent to consider the case of the petitioner and allow him to join the MD/MS Course 2024-25 in the interest of justice. 10.2 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 3. Learned counsel for the petitioner submits that the petitioner has completed the MBBS Degree in the year 2013 by the Guru Ghasidas University Bilaspur and after qualifying the examination and attend the Degree, the petitioner has got the internship in New Janta Hospital after that in the internship he is preparing for the NEET Examination upcoming 3 from the courses MD/MS, 2024-25. He also submits that the petitioner has completed all the formalities and after that the petitioner has got the admit card issued by the respondents. 4. It is further submitted by the learned counsel for the petitioner that the petitioner came to know through the notice dated 04.01.2025 that the candidate who have applied for the examination and on the basis of the percentile the candidates are qualifying and call for the interview from dated 31.01.2025 to 13.02.2025. He also submits that the respondents on 09.01.2025 has further published amended notice in which it is stated that the candidates have to pay the Rs. 2,02,000/- for the selection committee and it is to be deposit before the 13.01.2025. The petitioner has made arrangements and after that the amount has been transferred from his Axis Bank to the account of POS/MSW*NEW GENERATION/Bilaspur (CGH)/130125/20:17/811914. He would submit that the petitioner has attended the all the requisites formalities and qualification, but the respondent has not called for the interview and further stated that he has failed to deposit the amount Rs. 2,02,000/-. 5. Learned counsel for the petitioner states that the petitioner is eligible and on the basis of the percentile the respondents have disqualified him that he has not deposit the amount within time, but the petitioner has already paid the amount within time through the UPI and the same has been deducted from the Axis Bank account to the respondent No. 4, but they are denying it the petitioner has also further communicated to the respondents about his grievance that what he has facing and also the letter communication of the transaction of the amount from the Bank to the respondent No. 4, but the same has been not considered. He further 4 states that the petitioner has applied for the all the detail Bank transaction which has been already paid to the respondents committee, but the Bank has not provided the detail due to which he is deprived and also disqualified which is not justified. Hence, this petition. 6. On the other hand, learned State counsel submits that on 09.01.2025, Director of Medical Education (C.G.) issued notification after the revised percentile as per the letter number Ref.U-12021/05/2024- MEC dated 04.01.2025 that all the eligible candidates will be able to apply afresh online and the previously registered candidates would be able to edit the online application form i.e. on 10.01.2025, time server 11.00 hours (11.00 a.m.) to 13.01.2025, time server 23.59 hours (11.59 p.m). He further submits that the petitioner made efforts to deposit the amount of Rs. 2,02,000/-, but requisite amount was not deposited and the candidature of the petitioner was not registered, therefore, the petitioner was not called for the counselling. He would submit that for the first time on 24.01.2025, the petitioner had written an application for refund of the said amount to Axis Bank, E 66 Yadunandan Nagar Tifra, Near Shiva Chowk Bilaspur, District Bilaspur (C.G.), which goes to show that the money transferred was not remitted in the account of the Director, Medical Education. 7. We have heard learned counsel for the parties and perused the materials available on record. 8. Considering the submissions made by the learned counsel for the parties, more particularly, the fact of the matter remains that even though the amount is stated to be deducted from the account of the petitioner, but 5 the said amount has not been credited in the account of the Director, Medical Education. Hence, the condition stipulated for registration of a candidate to make him eligible for participating in counselling has not been fulfilled, as such, there is no illegality in rejecting the candidature of the petitioner. 9. In view of the above, no interference is called for by this Court in exercise of its extraordinary power under Article 226 of the Constitution of India for the relief claimed by the petitioner. 10. Accordingly, the present writ petition is dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan