Shri Harsh Shukla v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 644 of 2017 • Shri Harsh Shukla S/o Raghuveer Shukla Aged About 20 Years Occupation: Student, R/o Vishnu Medical Stores, Panna Raod, Bamitha District Chhatarpur, Madhya Pradesh ---- Petitioner

Versus

1. Union of India Represented By Its Secretary (Medical Education) Ministry Of Helath & Family Welfare, Nirman Bhavan, New Delhi110011

2. State of Chhattisgarh, Through Director of Medical Education Directorate Of Medical Education Old Nurses Hostel, Dks Bhavan Parisar, Raipur, Chhattisgarh

3. C.M. Medical College & Hospital, Kachandur, Post Off. Karanja Bhilai, Post Box No. 7, Durg, District Durg- 190024 ( Chhattisgarh), Through Its Registrar ---- Respondents For Petitioner :

Shri Hemant Tejwani, Advocate For Union of India /R-1 :

Shri N.K. Vyas, Assistant Solicitor General For State/R-2 :

Shri J.K. Gilda, Advocate General Hon'ble Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Justice P. Sam Koshy Judgment on Board Per Thottathil B. Radhakrishnan, Chief Justice 06.04.2017 1.

The Petitioner is one among those who were admitted to the C.M. Medical College & Hospital, which made admissions of the Petitioner and others for the academic year 2016-17 on 19.04.2016. The plea of the Petitioner is that he and others are unceremoniously sent out of the College on the instructions of the Director of Medical Education. The Petitioner asserts his eligibility to continue to carry with the academic pursuit for MBBS Programme.

2.

Hearing learned counsel for the Petitioner, learned Advocate General for the State of Chhattisgarh and learned Assistant Solicitor General for the Government of India, we see that the issue is finally sealed even as against the Petitioner through the judgment rendered by the Apex Court in Rishabh Choudhary Vs. Union of India and Ors., reported in AIR 2017 SC 609. Adverting to paragraph 7 of that judgment, it can be seen that their Lordships have pointedly considered the admissions to the C.M. Medical College & Hospital on 19.04.2016 and has held that those admissions were granted notwithstanding the order passed by the Apex Court on 11.04.2016. The resultant situation obtained as per that judgment is that the persons like the Petitioner who had not participated in the National Eligibility-cum-Entrance Test (for short 'NEET') were dis-entitled to be admitted to the MBBS course.

3.

In the aforesaid view of the matter, we see no ground to grant any relief to the Petitioner.

4.

In the result, this writ petition is dismissed. Sd/- Sd/- (Thottathil B. Radhakrishnan) (P. Sam Koshy) Chief Justice Judge Chandra