Ku. Mamta Bhagat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (C) No. 2485 of 2017 Ku. Mamta Bhagat D/o Satish Bhagat, Aged About 21 Years, R/o Village Podi, Chirmiri, District Koriya, Chhattisgarh . ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. Directorate Of Medical Education, Raipur, Through Its Director, Old Nurses Hostel, D.K.S. Bhawan Parisar Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioner : Shri Ravi Kumar Bhagat, Advocate For State : Shri Prafull N. Bharat, Additional Advocate General Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Sharad Kumar Gupta, Judge Order On Board Per Thottathil B. Radhakrishnan, Chief Justice 08/09/2017

1. We have heard the learned counsel for the petitioner and the learned Additional Advocate General for the State.

2. Taking the pleadings of the writ petition at their face value, we see that this is an unfortunate case where a girl student who is included in the State quota following National Eligibility Entrance Test (for short, 'NEET') for admission to the Medical Education Institutions in the State of Chhattisgarh is likely to be deprived of that opportunity because she lost all her original certificates while she spent the night in the waiting room of Raipur Railway Station

on her way to attend the counseling. She is stated to be in possession of photostat copies of the originals. She would obviously be able to obtain duly authenticated duplicates of the requisite documents.

3. The learned Additional Advocate General submits on instructions that all the seats for MBBS course in the State of Chhattisgarh have been filled up and that the counseling that remains is for the private Dental Colleges in the State.

4. Recording the aforesaid submission on behalf of the State Government, this Writ Petition is ordered directing that the petitioner will be permitted to participate in the ensuing counseling and if she is found successful in that process, she would be permitted to further proceed to the stage of admission and thereafter, without insisting on the production of her original testimonials on the condition that she will provide the duly authenticated duplicates from the competent authority to the appropriate authority without delay. We also clarify that if, by some turn up events, any vacancy for MBBS seat occurs as a fall out of any subsequent event, which can be filled up from the NEET list which is current for the State quota, the petitioner will be extended the benefit to make her choice to opt for it as well.

5. This Writ Petition is ordered accordingly. Certified copy today.

Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) Chief Justice Judge Padma