JUDGEMENT
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(1.) Leave granted.
(2.) The Department of Medical and Family Welfare, Government
of Chhattisgarh, vide its letter dated 10
th
September, 2010
cancelled the admission granted to Akansha Adile and Priya
Gupta in the MBBS course for the academic year 2006-07 in the
Government NMDC Medical College, Jagdalpur (for short, the
Jagdalpur College) with immediate effect.
(3.) Aggrieved by this order of the Government, both the
students challenged the legality and correctness of this action in
separate writ petitions under Article 226 of the Constitution of
India. The High Court, vide its judgment dated 9
th
August, 2011,
held that admission to these petitioners had been given ignoring
more meritorious and suitable candidates, which amounted to
violation of natural justice to such other candidates and declined
to interfere in the impugned order dated 10
th
September 2010,
hence giving rise to the present appeals. The appellants had
appeared in the Pre-Medical Test conducted by the State of
Chhattisgarh for the academic year 2006. The results were
declared in July 2006 and Appellant No.1, Priya Gupta, secured
general rank 1614 while Appellant No.2, Akansha Adile, secured
general rank 3893. As the latter belonged to the Scheduled
Caste category, her rank in that category was 396. This entrance
exam was conducted by the State as per the notification of the
State Government dated 8
th March, 2006 under the
'Chhattishgarh Medical and Dental Graduate Examination Rules,
2006' (Chhatisgarh Chikitsha Tatha Dant Chikitsha Snatak
Pravesh Pariksha Niyam, 2006) (for short, 'the Rules'). These
Rules provided for allocation of seats and reservation, the process
for admission to the vacant seats, selection procedure as well as
cancellation of admission and the matters incidental thereto.;
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