KHYATI BAGHEL vs THE STATE OF CHHATTISGARH

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CGHC010422982026 2026:CGHC:45061-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5413 of 2026
• Khyati Baghel D/o Shri Kanak Kumar Baghel Aged About 20 Years R/o
Ward, No. 27, Keshar Nagar Rajnandgaon, District Rajnandgaon
Chhattisgarh.
... Petitioner
versus
1. The State Of Chhattisgarh Through- The Secretary Department Of Health
And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa
Raipur Chhattisgarh.
2. The Dirctor Cum -Chairam Directorate, Of Medical Education Swasthya,
Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh.
3. The Commissioner, Medical Education Chhattisgarh, And President Of
Counseling Committee, Directorate Medical Education Chhattisgarh.
Swasthya, Bhawan, North Block, Sector-19, Atal Nagar, Naya Raipur
District Raipur Chhattisgarh.
... Respondents
For Petitioner : Mr. Roop Ram Naik, Advocate.
For State/Respondents : Mr. Shashank Thakur, Addl. A.G.
Hon’ble Shri Krushna Ram Mohapatra Chief Justice &
Hon’ble Shri Justice Santosh Sharma
Order on Board
Per Krushna Ram Mohapatra, Chief Justice
26/10/2026
1. Heard.
2. This writ petition has been preferred by the petitioner under Article 226 of
the Constitution of India, seeking following reliefs:-
Digitally
signed
by
DEEPTI
JHA
DEEPTI “10.1 That, this Hon’ble Court may kindly be
JHA

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pleased to issue appropriate
writ(s)/direction(s)/order(s) to quash/set-aside
the Chhattisgarh NEET-UG (MBBS/BDS) 2026
Provisional Allotment List Round/counselling-2
to the extent the vacant Reserved Category
seats, which has been converted/transferred
into other Quota / Unreserved seats at Shri
Balaji Institute of Medical Science, Mowa,
Raipur (Which has been issued on 14.09.2026
through Online);
10.2 That, this Hon’ble Court may kindly be
pleased to issue an appropriate writ, order, or
direction in the nature of Writ of Mandamus
directing Respondent authorities to reconsider
the allotment of Round-2 counselling in
accordance with Rule of the Chhattisgarh
Medical, Dental & Physiotherapy Under
Graduate Admission Rules, 2025, and
consequently allot a MBBS seat to the petitioner
under the Reserve Category at Shri Balaji
Institute of Medical Science, Raipur or any other
college as per merit and choice-filling
application;
10.3 That, this Hon’ble Court may kindly be
pleased to pass any appropriate orders /
directions in favour of the petitioner looking to
the facts and circumstances of the case and
also coast of case. ”
3. Learned counsel for the petitioner submits that the petitioner appeared in
NEET – UG (MBBS / BDS) Examination, 2026. Petitioner has applied
under SC Category and has secured 267 marks in the entrance
examination. In the first round of counselling, petitioner had applied for
government quota seat in different medical colleges, out of which she was
allotted seat in Shri Shankarachaarya Institute of Medical Science
Junwani, Bhilai (C.G.). But for personal inconvenience, she opted for free
exit and did not take admission in the said college. She again participated
in the second round of counselling, but was unsuccessful in getting any
seat in SC category under government quota. Thereafter, the petitioner

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participated in the third round of counselling and faced the same
consequences.
It is alleged by the learned counsel for the petitioner that during
the second round of counselling, some of the management quota seats
were converted to UR category, which is not permissible in terms of Rule
8 (1) of the Chhattisgarh Medical, Dental & Physiotherapy Under
Graduate Admission Rules, 2025 (for brevity Rules, 2025). It is his
submission that if any unfilled seats remains vacant after second round of
counselling, then the said seats could only be converted to unreserved
category. In the instant case, the management quota seat was converted
to UR category in the second round of counselling itself, which is de hors
the rules. He further submits that after the second round of counselling,
SC quota seats were available, but the petitioner was not considered in
third round of counselling to be allotted a seat in government quota /
management quota. Hence, finding no other alternative, this writ petition
has been filed.
4. Mr. Thakur, learned Additional Advocate General on instructions submits
that the petitioner had never applied for management quota seats in the
initial two rounds of counselling. Thus, conversion of any management
quota seat to UR category is not a matter of consideration in the present
writ petition. The petitioner has not challenged her non-selection in the
third of round of counselling. Accepting the result of the second round of
counselling, she has participated in the third round of counselling, but
failed to get admission in any Medical College either in government quota
or in management quota. Thus, the present writ petition is not
maintainable. The writ petition is also devoid of any merit, hence the same
is liable to be dismissed.

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Taking note of the submission made by the learned counsel for the parties
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and on perusal of the Rule 8(1) of the Rules, 2025, it is clear that in case
of non-availability of candidate of any reserved category for the remaining
seats in any reserved category after allotment in second round of
counselling, those seats will be converted / transferred as per the
provisions of Chhattisgarh Educational Institution (Pravesh Me
Reservation) Adhiniyam, 2012. In the instant case, the petitioner was
allotted a seat in government quota in Shri Shankarachaarya Institute of
Medical Science Junwani, Bhilai (C.G.) in the first round of counselling.
But for the reasons best known to her, she opted for free exit from taking
admission in the said college. The petitioner had never applied for
management quota till completion of the second round of counselling.
Thus, conversion of any management quota seat to unreserved category
does not prejudice the petitioner in any manner. As such, question of
conversion of management quota seat will only be academic for
consideration in the present writ petition, as the petitioner had never
applied for management quota seat till completion of the second round of
counselling. It is more so because of the fact that the petitioner had never
complained of the result of the second round of counselling and
participated in third round of counselling without any objection. Having
failed in the third round of counselling, the petitioner has come up with the
present writ petition.
6. Upon hearing learned counsel for the parties and on perusal of the record,
it further appears that the petitioner has not produced any document to
establish that any reserved category seat in government quota was
converted to UR category during the second round of counselling. By
making a bald allegation that reserved category seat was converted to

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unreserved category in the second round of counselling without any
document in support of the same holds no water.
Further perusal of the record reveals that the petitioner did not obtain the
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qualifying marks in the second round of counselling under SC category as
the cut-off marks in the SC category in the second round of counselling
was much higher than the marks secured by the petitioner. On a
cumulative assessment of the facts and circumstances of the case as
stated above, we find no merit in the writ petition. Accordingly, the writ
petition being devoid of merit stands dismissed .
Sd/- Sd/-
(Santosh Sharma) (Krushna Ram Mohapatra)
Judge Chief Justice
Deepti Jha