[Cites 3, Cited by 0]
Chattisgarh High Court
Prabhakar Chandravanshi vs State Of Chhattisgarh on 25 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
Digitally signed by
V PADMAVATHI 2026:CGHC:14246-DB
Date: 2026.03.27
11:43:24 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 6449 of 2025
1 - Prabhakar Chandravanshi S/o Arjun Chandravanshi Aged About 29 Years R/o
Nayapara, Piparia, Kawardha, District : Kawardha (Kabirdham), Chhattisgarh
2 - Krishna Kumar Choudhary S/o Prakash Chandra Jat Aged About 25 Years R/o
Nangal Bharda, Udaipuria, District Jaipur, Rajasthan 303807
3 - Ajay Kumar Rathiya S/o Bodhram Rathiya Aged About 35 Years R/o Ward No. 2
Gharghoda, District : Raigarh, Chhattisgarh
4 - Brijesh Kumar S/o Harishchandra Aged About 28 Years R/o Ward No. 17 Shivpur,
Gangoti, District : Surajpur, Chhattisgarh
5 - Aakansha Meshram D/o Jitendra Kumar Meshram Aged About 27 Years R/o
Shastri Chowk, Durg, District : Durg, Chhattisgarh
6 - Saima Choubey D/o Akhilesh Choubey Aged About 25 Years R/o B 303 B Block
Chughani Prides Changhorabhata, Raipur, District : Raipur, Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Public Health And
Family Welfare, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District :
Raipur, Chhattisgarh
2 - The Director Medical Education Directorate Of Medical Education, Swasthya
Bhawan, Sector 19, North Block, Atal Nagar, Nava Raipur, Chhattisgarh
3 - The Commissioner Medical Education Commissionerate Of Medical Education
Swasthya Bhawan, 2nd Floor, Sector 19, North Block, Atal Nagar, Nava Raipur,
Chhattisgarh
4 - The National Medical Commission Ministry Of Health And Family Welfare Through
Its Director, Pocket- 14, Sector-8, Dwarka, Phase-1 New Delhi.
5 - The Director General Directorate General Of Health Services Ministry Of Health
And Family Welfare, Government Of India, Room Number 354, Dg Hs Ministry Of
Health And Family Welfare, Nirman Bhawan. ...Respondent(s)
(Cause-title taken from Case Information System)
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Wpc 6449 of 2025
For Petitioners : Shri Pankaj Singh, Advocate
For Respondent/State : Shri Shashank Thakur, Addl AG
For Intervenors : Shri Manas Vajpai and Shri Anmol
Varma, Advocates
For Respondent-4/NMC : Ms Shriya Jaiswal, Advocate
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Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
Per Ramesh Sinha, Chief Justice
25.03.2026
Heard Shri Pankaj Singh, learned counsel for the petitioners. Also
heard Shri Shashank Thakur, learned Addl AG, appearing for the
respondent/State, Shri Manas Vajpai, Shri Anmol Varma, and Ms Shriya
Jaiswal, learned counsel for the respective respondents.
1. Petitioners have filed the present petition for the following reliefs:
"1.That, the Hon'ble Court may kindly be pleased to issue
direction/directions, writ/writs in the nature of certiorari and declare the
impugned Gazette Notification No. 929, dated 01.12.2025, whereby
Rule 11, 11(a) and 11(b) of the Chhattisgarh Medical Postgraduate
Admission Rules, 2025 have been amended as being
unconstitutional, arbitrary and violative of Articles 14, 15 and 16 of the
Constitution of India.
2. That, the Hon'ble Court may kindly be pleased ISSUE A WRIT OF
CERTIORARI QUASHING / STRIKING DOWN the words " शासकीय एवं"
(Government and) from the opening sentence of Rule 11 and Rule
11(क) of the impugned Gazette Notification No. 929 dated 01.12.2025,
Wpc 6449 of 2025
thereby severing Government Medical Colleges from the impugned
rule;
3. That, the Hon'ble Court may kindly be pleased to issue
direction/directions, writ/writs in the nature of certiorari and declare
Direct the Respondents not to equate the Government medical
College and private Medical College in dividing the PG seats in any
categories,
4. That, the Hon'ble Court may kindly be pleased to issue
direction/directions, writ/writs in the nature of certiorari and declare
Direct the Respondents not to exceed the open merit quota of
Government medical college seta to more then 50% of the total seat
of the Government medical College Seats and not to reduce the 50%
State quota seats of the total seat of the Government medical
Colleges,
5. That, the Hon'ble Court may kindly be pleased ISSUE A WRIT OF
MANDAMUS OR DECLARATION declaring that:
5.1. In the specific context of Government Medical Colleges,
where 50% of Total Sanctioned Seats are already surrendered
to the All India Quota (AIQ), the constitutional requirement for
"Open Merit" is fully satisfied;
5.2. Consequently, the Respondent State Government retains
the exclusive legislative competence and executive policy
discretion to reserve the Entire State Quota (the remaining
50%) for Institutional Preference in Government Medical
Colleges, without violating the law laid down in Saurabh
Chaudri or Dr. Tanvi Behl.
Wpc 6449 of 2025
6. That, the Hon'ble Court may kindly be pleased ISSUE A WRIT OF
MANDAMUS directing the Respondent State to exercise its
independent policy discretion to Notify a specific Rule 11(A) applicable
exclusively to Government Medical Colleges, which reserves the
Entire State Quota (constituting the remaining 50% of total seats)
7. Grant any other relief(s) that this Hon'ble Court may deem fit and
proper in the interest of justice and equity."
8. Learned State counsel would submit that in view of the order dated
16.01.2026 passed in modification application filed by the State in MCC-40
of 2026, State has modified Rule 11 of the Chhattisgarh Medical Post
Graduate Admission Rules, 2025, and issued notification on 22.01.2026, a
copy of which has been submitted by the learned State counsel, which has
been taken on record.
9. Learned counsel for the petitioner could not dispute the above fact,
and he further submits that in view of above amendment made to Rule 11 of
the Chhattisgarh Medical Post Graduate Admission Rules, 2025 on
22.01.2026, present petition becomes infructuous.
10. Considered the submissions made by the parties and accordingly,
petition is dismissed as having become infructuous.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
padma
