Prakash Soni VsState Of Chhattisgarh

The petitioner, who is aspirant of and appeared in National Eligibility – cum – Entrance Test (hereinafter referred to as ‘NEET’) for the year 2022, which was held on 17-7-2022 for admission in MBBS/BDS courses, has filed this petition seeking following reliefs :-

i. To call for the entire records pertaining to the case of petitioner, and

ii. To direct the respondents to allot a seat to the petitioner for admission in NEET/MBBS in this session of 2022-23 under the reservation provisions of freedom fighter quota as per the circular of the State Government.

Facts of the case, in brief, as projected by the petitioner are that he participated in NEET examination for the year 2022 held on 17-7-2022. Result was declared on 7-9-2022 and petitioner secured CGUR rank 3309 and in OBC class his rank was 804. It is further averred that CGDME (Director of Medical Education, CG) has issued notice for counseling, however petitioner has opted at Government College, Raipur, Bilaspur, Rajnandgaon for his counseling. In the first list issued by the respondent on 14-10-2022 the name of petitioner was not figured. Petitioner again submitted his application on 2-11-2022 and opted his choice for counseling at Government College Raipur, Bilaspur, Jagdalpur, Mahasamund, Korba, Ambikapur and Kanker, wherein one seat in those colleges was available in freedom fighter class, but when list of allotment was issued, again name of petitioner was not figured and seat of freedom fighter class was allotted to other candidates. Mop up round was held in between 7-12-2022 to 12-12-2022, but seat under freedom fighter class was not allotted to the petitioner, whereas petitioner is grand son of a freedom fighter and as per provision - G of CG Chikitsa, Dant Chikitsa Avm Bhoutik Chikitsa (physiotherapy) Snatak Pravesh Niyam, 2018 (henceforth ‘Admission Rules, 2018’), he ought to have been allotted a seat under freedom fighter quota because as per aforesaid Rules, 3% quota in total seats are required to be reserved under freedom fighter quota, but he has not been given seat under freedom fighter quota, hence petitioner filed this petition seeking the relief mentioned in opening paragraph.

Learned counsel for the respondent No. 1 and 2 / State has filed reply contending therein that there are total 1087 seats of State quota in all 10 government medical colleges,one seat each in 8 government medical colleges and 2 seats in Durg medical college are reserved for freedom fighter class and unreserved category, but no seats are reserved for freedom fighter class in private medical colleges as it could not been allotted as per the rules. It is further stated that seats have been allocated adopting the principles as mentioned in Rule 5 of the Admission Rules, 2018 excluding percentage of reservation in reserved category (SC/ST/OBC) by following dictum given by this High Court in WP (C) No. 591/2012 (Guru Ghasidas Sahitya Avam Sanskriti Academy Raipur -v- State of CG and anr. reported in ILR 2022 CG 2002. The issue has already been dealt with by this Court in the case of Apeksha Kaushik Vs. State of CG & Anr. bearing WP(C) No. 2267/2019 order dated 16-7-2019. Further as per Rule 3 of Admission Rules, 2018, to secure seat of unreserved category, a candidate has to secure minimum 50% marks in Physics, Chemistry and Biology in 12th class of for unreserved category and in reserved category 40% marks are required in those subjects and the petitioner is not having minimum 50% marks in Physics, Chemistry and Biology, hence he was not entitled to get seat in aforesaid college, therefore, the petition filed by the petitioner is liable to be dismissed.

Learned counsel for the petitioner would submit that as per Rule 5(2) of Admission Rules, 2018, 3% seats have been ordered to be reserved for freedom fighter class and as per provision – G of Rule 2, those candidates, whose Dada, Dadi, Nana, Nani were freedom fighters are eligible to get seats in aforesaid quota. It is further submitted by learned counsel for the petitioner that as per CG State merit list for admission for the year 2022 for MBBS, BDS courses, petitioner had secured 804th rank in OBC category and 4th rank in freedom fighter (FF-4), despite that, respondent-authorities wrongly calculated seat matrix as respondent authorities have not calculated 3% for freedom fighter quota from total seats and by wrongly calculating, they allotted only one seat in 8 medical colleges and 2 seats in Durg medical college, which is against the Admission Rules, 2018. In this regard, he also referred to MP Shashkiya Swashashi Chikitsa Tatha Dant Chikitsa Mahavidyalaya Snatak Pravesh Niyam, 2017. He further submits that in the academic session 2017-2018, ratio of reservation of seats for wards of freedom fighter came up for hearing before this Court i.e. with regard to seats for freedom fighter quota and this Court considering the CG Medical, Dental, Physiotherary Undergraduate Rules, 2017 which was similar to Admission Rules, 2018, has held that 3% seats for freedom fighter quota would be 13. He further submits that since in the the Admission Rules, 2018 also, 3% seats have been reserved for freedom fighter quota from the State quota and therefore, looking to total number of seats which is 1247 (in State quota), if 3% freedom fighter quota is calculated in view of the order passed by this Court in WPC No. 2054/2017 (connected with WPC No. 2113/2017), total 31 seats will come up for freedom fighter quoa from the State quota and thereafter the seats of freedom quota are to be distributed according to reservation provided under the Rule for Scheduled Castes, Scheduled Tribes and Other Backward category.

Learned counsel for the respondent State referring to the contentions raised by him in his reply 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 -v – State of CG). In view of the finding given in aforesaid case, 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.

Learned Sr. Adv. Shri Abhishek Sinha, who was appointed as Amicus Curae in the instant case, would submit that Sub-Rule 1 and 2 of Rule 5 of the Rules, 2018 clearly speaks that in every government college and private college, reservation of seats for SC, ST and OBC class shall be institution-wise and 3%, 3%, 5% and 30% quota for ex-servicemen, freedom fighter, handicapped and female class respectively shall be reserved horizontally from all classes. He further submits that seat matrix as has been sought by the petitioner to be calculated in the instant case is not in accordance with the provisions of Admission Rules, 2018. He further submits that seat matrix calculated by respondents, as has been brought on record by them in the instant case, has also been upheld by this Court in the case of Apeksha Kaushik (supra).

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 (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.”

Aforesaid provision of Section 3 makes it clear that, out of total seats how many seats shall be reserved / allocated for various categories and in what manner. Section 4(2) of the Act of 2012 envisages that, percentage for horizontal reservation in respect of candidates with disabilities, women, ex-serviceman, 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. However, percentage of reservation for various categories i.e. SC, ST, OBC have been affected pursuant to judgment dated 19-9-2022 in case of Guru Ghasidas Sahitya Avam Sanskriti Academy, Raipur (Supra).

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.

In view of above discussion, we do not find any error in the action taken by the respondent/authorities in making reservation of freedom fighter quota and not providing a seat to the petitioner in freedom fighter quota. Hence the writ petition has no substance and it is hereby dismissed.