Dr. Samriddhi Dubey Vs the State of Chhattisgarh

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2025:CGHC:54576-DB

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JYOTI SHARMA

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Digitally signed by JYOTI SHARMA Date: 2025.11.10 16:16:30 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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WPC No. 4702 of 2025

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Dr. Samriddhi Dubey D/o Shri Sandeep Dubey Aged About 25 Years R/o Om Zone Colony, Shubham Vihar, Mangala, Bilaspur, District : Bilaspur, Chhattisgarh

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... Petitioner(s)

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versus

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1. The State Of Chhattisgarh Through The Secretary, Department Of Public Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh 492002

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2. The Director Medical Education, Directorate Of Medical Education, Swasthya Bhawan, Sector 19, North Block, Atal Nagar, Nava Raipur, Chhattisgarh, 492002.

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3. The Commissioner Medical Education, Directorate Of Medical Education, Swasthya Bhawan, 2nd Floor, Sector 19, North Block, Atal Nagar, Nava Raipur, Chhattisgarh, 492002.

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4. The National Commission Ministry Of Health And Family Welfare Through Its Director, Pocket- 14, Sector-8, Dwarka, Phase-1 New Delhi110077

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5. The Director General Directorate General Of Health Services, Ministry Of Health And Family Welfare, Government Of India, Room Number 354, D.G.H.S. Ministry Of Health And Family Welfare, Nirman Bhawan, Delhi- 110011

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6. The National Board Of Examinations In Medical Sciences Through Is Secretary / Director, Medical Enclave, Ansari Nagar Ring Road, New Delhi- 110029

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2

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... Respondent(s)

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For Petitioner :	Mr. Rajeev Shrivastava, Senior Counsel assisted by Sandeep Dubey and Ms. Jyoti Chandravanshi, Advocate
For Respondents/ State:	Mr. Prafull N. Bharat, Advocate General along with Mr. Shashank Thakur, Deputy Advocate General
For Respondent No. 4 :	Mr. Aniruddh Singh on behalf of Mr. Dhiraj K. Wankhede, Advocate
For Respondent No. 5 :	Ms. Anmol Sharma, CGC
For Respondent No. 6 :	Mr. Adhiraj Surana, Advocate

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Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge

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Judgment on Board

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Per Ramesh Sinha, Chief Justice

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10/11/2025

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Heard Mr. Rajeev Shrivastava, Senior Counsel assisted by Sandeep Dubey and Ms. Jyoti Chandravanshi, Advocate learned counsel for the petitioner. Also heard Mr. Prafull N. Bharat, learned Advocate General along with Mr. Shashank Thakur, learned Deputy Advocate General for the State. Also heard Mr. Aniruddh Singh on behalf of Mr. Dhiraj K. Wankhede, Advocate for respondent No. 4 and Ms. Anmol Sharma, CGC for respondent No. 5 and Mr. Adhiraj Surana, Advocate for respondent No. 6.

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The petitioner has filed this petition praying for following relief:-

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“10.1 That, the Hon'ble Court may kindly be pleased to issue direction/directions, writ/writs in the nature of certiorari and declare the Rule 11(a) of the Chhattisgarh Medical Post Graduate Admission Rules, 2021 ultra virus / unconstitutional being

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voilative of the Article 14 of the Constitution of India.

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10.2 That, Hon'ble Court may kindly be pleased to issue direction/directions, writ/writs in the nature of certiorari and declare the part of Rule 11(b) of the Chhattisgarh Medical Post Graduate Admission Rules, 2021 to the extent "(ख) उपरो�क्तउप-नि�यम(क) म� उल्ले�खिखतसभी�प�्ቔ अभ्यቕኌ��य�क�्ቚ वे�शदि!य�जा��क�उपरो�न्तयदि! स�ेሡ�रिरोक्तरोहजा�त�ह'त�, इ�रिरोक्तस�ेሡ�परो, ऐस�अभ्यቕኌ��य�क� वे�शदि!य�जा�य�गा�।्ቚ ...." ultra virus / unconstitutional being voilative of the Article 14 of the Constitution of India.

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10.3 That, the Hon'ble Court may kindly be pleased to issue direction/directions, writ/writs in the nature of certiorari and direct the respondents not to discriminate between the candidates belonging to categories mentioned in the Rule 11(a) and Rule 11(b) of the Chhattisgarh Medical Post Graduate Admission Rules, 2021.

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10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case including claim in subject dispute.”

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At the very outset, learned Advocate General submits that Chhattisgarh Medical Post Graduate Admission Rules, 2021 which has been challenged in the present petition has been amended and new Rules, 2025 have been published on 7^th November, 2025.

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In view of the submissions made by learned Advocate General, learned counsel for the petitioner prays for withdrawal of the

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present petition with liberty to file fresh challenging the new Rules, 2025.

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In view of the aforesaid, present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for.

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Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner after obtaining the photocopy of the same.

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Sd/- Sd/(Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice

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Jyoti

Dr. Samriddhi Dubey v. the State of Chhattisgarh

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Dr. Samriddhi Dubey v. the State of Chhattisgarh

Case brief

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