Mrinalini Ramteke vs State Of Chhattisgarh

Heard Smt. Fouzia Mirza, learned Senior Advocate assisted by Mr. Rahim Ubwani, learned counsel for the petitioner and Mr. Chandresh Shrivastava, learned Additional Advocate General, appearing for the State/respondents.

The petitioner, who is aspirant and appeared in National Eligibility–cum–Entrance Test, 2023 (hereinafter referred to as ‘NEET’) conducted for admission in MBBS course, has filed this petition seeking following reliefs :-

(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 quash the seat matrix issued by respondent No.2 for the year 2023 and further direct the respondent authorities for issuing fresh seat matrix in compliance to the Admission Rules.

(iii) That this Hon’ble Court may kindly be pleased to direct to respondent authorities to implement the reservation of Ex-service Man Quota in the manner as has been directed by the Hon’ble High Court in WPC No. 2113/2017.

(iv) Any other relief or relief(s) which this Hon’ble Court may deem fit or proper in the facts and circumstances of the case.”

Facts of the case, in brief, as projected by the petitioner are that the petitioner participated in NEET examination for the year 2023 and results were declared on 13.06.2023, wherein she obtained 47.463% and has secured NEET All India Rank 1069966. The father of the petitioner was ex-service man and belonging to the Scheduled Caste category. After qualifying the NEET Examination, she submitted her online application form. The last date of submission of application form was 01.08.2023 for getting admission in the Medical Colleges in the counseling process. The Rules for admission and for entrance examination in Government Medical, Dental and Physiotherapy College were framed governing the admission process in Government and Private Medical Dental and Physiotherapy College. As per the notification the reservation in the seat in the Government and Private Medical College is institution wise. As per the reservation 32% of the seats have been made available to the schedule tribe category and 12% to the schedule cast category and 14% has been reserved for OBC candidate excluding creamy layer, 3% in each category has been reserved for the ex-service man, 3% for the Freedom Fighter Quota, 5% for the Physically disabled person and 30% has been given to the Women Category. The seat matrix for the admission year 2023 for CG State Quota Provisional for NEET UG (MBBS & BDS) as per model 200 point reservation roster was declared and the seats have been allotted institution wise.

Learned Senior Advocate appearing for the petitioner submitted that the respondent authorities in an illegal and arbitrary manner have miscalculated the seat matrix and have determined the number of seats under each category in an incorrect and illegal manner. On 07.08.2023, the respondent authorities have issued a notification for extension of the date for getting admission in the NEET UG (MBBS & BDS) for the State of Chhattisgarh in compliance of the order passed by the Hon’ble Apex Court in SLP(C) No. 19668/2022 and in compliance to the notice dated 01.08.2023, the final date has been extended for online application for correction on application, for registration amount and for choice of institution, as per that the time has been extended and open till 12.08.2023. She further submits that the petitioner had scored 128 marks out of 720 and as such on the basis of 3% of reservation Quota of Ex-service Man, the petitioner is eligible to get selection on the Quota applicable to her, but on account of miscalculation of seat matrix, the respondent authorities are depriving the petitioner for getting admission in her choice of institution on the basis of her category wise reservation. She further submits that the respondent authorities ought to have calculated 3% of total 1207 state quota seats which comes to 36 seats out of which 32% is the seat reserved for the ST category that 11 seats for sainik quota, 12 seats for SC category out of which 4 seats for sainik quota, 14% for OBC category out of which 5 seats under sainik quota, 10% of EWS category i.e. 3 seats and 13 seats of sainik quota would fall under undeserved category.

Learned counsel for the respondent State would submit that seats were allocated in accordance with the provisions prescribed in Admission Rules, 2018 & by following observation of this Court in WPC No. 591/2017 on 19-9-2022. He would further submit that issue involved in instant case has been dealt with by the Division Bench of this Court in WPC No. 2267/2019 (Apeksha Kaushik Vs. State of Chhattisgarh & Another) and WPC No. 121 of 2023 (Prakash Soni Vs. State of Chhattisgarh & Others). In view of the finding given in aforesaid cases, the petitioner is not found to be entitled to have seat in freedom fighter quota. The observation made in the aforesaid case is wholly applicable in this case. Further examination process for this session has already completed. Hence, this petition is liable to be dismissed.

We have heard learned counsel for the parties and perused the material available on record.

Rule 5 of the Admission Rules, 2018 is reproduced hereinbelow :-

Perusal of above rule would show that reservation as has been provided in Rule 5 for various categories/classes shall be done in institution-wise from total seats in that institution. In other words, reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes or any other category/class is to be made in accordance with the percentage of reservation fixed for a particular category/class from the seats allotted to that institution and not from total number of seats available with the State quota.

To provide reservation in admission of students pertaining to SC, ST and OBC of citizens, to certain educational institution established, maintained or added by the State government, the State of Chhattisgarh has enacted the CG Educational Institution 8 (Reservation in Admission) Act, 2012 (henceforth ‘Act of 2012’). Section 3 and 4 of the Act of 2012 provides for reservation of seats for admission in each academic session in an educational institution. Section 3 and 4 of the Act, 2012 are reproduced below :-

“(3). The reservation of seats in admission to each academic session, and its extent in an Educational Institution shall be in the following manner, namely :-

(a) out of the annual permitted strength in each branch of study or faculty, thirty two percent seats shall be reserved for the Scheduled Tribes;

(b) out of the annual permitted strength in each branch of study or faculty, twelve percent seats shall be reserved for the Scheduled Castes;

(c) out of the annual permitted strength in each branch of study or faculty, fourteen percent seats shall be reserved for the Other Backward Classes:

Provided that where the seats reserved for the Scheduled Tribes remain vacant due to non-availability of eligible students on the cut-off date(s), the same shall be filled from among eligible students belonging to the Scheduled Castes and vice versa.

Provided further that where seats reserved under clause (a), (b) and (c) remain vacant(s) on the cut-off date(s), even after the arrangement refer to in the foregoing proviso, the same shall be filled from other eligible students.

Provided also that the State Government may, for the purpose of giving effect to reservation under this section, aggregate the annual permitted strength of any or all branches of study at the post-graduate or higher levels, if in the opinion of the State Government such reservation cannot be made in such branch or branches of study taken alone.

4.(1) The reservation of seats provided under clause (a), (b) and (c) of Section 3 shall be determined vertically.

(2). The percentages of horizontal reservation in respect of persons with disabilities, women, ex-service personnel, wards of freedom fighters, or other special categories of persons shall be as are notified for the purposes of this Act by the State Government from time to time, and shall be made within the vertical reservation under clause (a), (b) and (c), as the case may be, of Section 3.”

Perusal of above quoted provision would make it clear that out of total seats, 32% seats will be reserved vertically for Scheduled Tribe, 12% for Scheduled Caste & 14% for Other Backward Classes. Section 4 (2) of the Act of 2012 envisages that percentage for horizontal reservation in respect of candidates with disabilities, women, ex-serviceman personnel, wards of freedom fighter or other special categories of persons shall be made in the manner as notified by the State Government and within the vertical reservation under clause (a), (b) & (c) of Section 3 of the Act of 2012.

In the order passed by this court in WPC No. 2054/2017 this Court has held that there is no such classification except classification with respect to government colleges and private colleges, and in view of Admission Rules, 2017 prevailing at that time, it was held that reservation of 3% for dependents of freedom fighter would be from total number of seats available with the government medical colleges, but while passing of that order, Rule 5 of Admission Rules, 2018 was not in its present form in prevailing Admission Rules, 2017. Now in Admission Rules, 2018, it has been specifically mentioned that in every government and private college, reservation for SC, ST and OBC shall be institution-wise, hence arguments advanced by learned counsel for the petitioner for calculation of 3% seats for freedom fighter quota, in view of the order rendered by this Court in WPC No. 2054/2017 is not sustainable, in view of Rule 5 of the Admission Rules, 2018 in the instant case.

Since Rule 5 of the Admission Rules, 2018 specifically provides that reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes or any other category/class, in an institution, is to be made in accordance with the percentage fixed for a particular category/class, from seats allocated to that institution. Hence submission made by learned counsel for the petitioner that 3% reservation shall be calculated from total seat of State quota is not found to be in accordance with Admission Rules, 2018.

We do not find any error in the action on the part of the respondents in making reservation of seats for ex-serviceman/ sainik quota.

For the foregoing reasons, the writ petition has not substance, the same is liable to be dismissed and is hereby dismissed.