ORDER : 1. Heard Mr. Rajeev Shrivastava, learned senior counsel assisted by Mr. Sourabh Sahu, learned counsel for the petitioner. Also heard Ms. Anmol Sharma, learned Central Government counsel, appearing for respondent No. 1, Mr. Gagan Tiwari, learned Deputy Government Advocate, appearing for respondents No. 2 to 4 and Mr. Ranbir Singh Marhas, learned counsel, appearing for respondent No. 5. 2. The petitioner scored 341 marks out of 720 marks in the National Eligibility-cum-Entrance Test, 2022 (for short ‘NEET-2022’) for taking admission in undergraduate Government and Private Medical Colleges as well as Dental Medical Colleges. There is a set of Rules, namely, Chhattisgarh Medical, Dental, Physiotherapy Undergraduate Admission Rules, 2018 (for short ‘Rules of 2018’) to regulate the process of admission. In the first round of counselling that was held on 14.10.2022, the petitioner was issued a provisional allotment letter, allotting a seat in MBBS course in Government Medical College, Kanker under Scheduled Tribe category. In terms of the allotment letter, the last date for scrutiny of original documents was 08.11.2022 upto 4.30 PM and the last date for completion of the admission process was 09.11.2022. The petitioner presented himself before the authorities on 07.11.2022 along with the documents for the purpose of scrutiny, but he was told that he needs to have Medical Fitness Certificate, Notarized Affidavit and a Demand Draft. Since 08.11.2022 was a holiday, the petitioner could not obtain the Demand Draft and when he presented himself before the College authorities on 09.11.2022 with all documents, he was denied admission on the ground that he could not get his documents scrutinized before 08.11.2022. 3. The second round of counselling commenced from 11.11.2022 and by virtue of an interim order dated 13.11.2022, the petitioner was allowed provisional registration for the purpose of second round of counselling, however, making it clear that such provisional registration would not confer any right upon the petitioner and such provisional registration would be subject to final outcome of the writ petition. 4. Respondents No. 2 to 4 have filed the return. 5. At this juncture, it will be appropriate to take note of Rule 7(x) of the Rules of 2018, which reads as follows: “7(x) After allotment, the candidates are mandatorily required to appear in person for scrutinizing the documents before the prescribed last date of admission mentioned in the allotment letter. Respondents No. 2 to 4 have filed the return. 5. At this juncture, it will be appropriate to take note of Rule 7(x) of the Rules of 2018, which reads as follows: “7(x) After allotment, the candidates are mandatorily required to appear in person for scrutinizing the documents before the prescribed last date of admission mentioned in the allotment letter. After allotment, in the case of absence in the institution for scrutinizing the document in the current academic session, the candidate will automatically be excluded from the counselling and admission process. It will be mandatory to take admission in the Government Medical College but, it will not be mandatory to take admissions in the Private Medical College/Government Dental College/Private Dental College but, the allotted candidates are mandatorily required to be scrutinized and to be found eligible in the scrutiny. However, the candidates who will not take admission in the allotted Government Medical College will be out from the counselling process. After qualifying in the scrutiny of documents the candidates will be given an option to continue in the counselling process by taking admission in the allotted Government Medical Institution. Whereas, in addition to the allotted College other than the Government Medical College and the eligible candidates of the scrutiny will be given an option to continue in the 2nd counselling process even without taking admission in the institution. At any stage of the counselling or allotment process once the seat of the any subject and any institution is allotted to the candidate, the seat of the same subject and same institution will not be given again.” 6. A perusal of the above would go to show that since the petitioner was allotted a seat in a Government Medical College, it was mandatory for him to take admission. Of course after taking admission, he would be otherwise entitled to exercise an option to continue in the further counselling process. 7. The allotment letter dated 03.11.2022 had the following important note, which reads as under: “Important Note: 1. Scrutiny could be done only of original documents. 2. Allotted Candidate should proceed for their Scrutiny of Original documents upto 08 Nov 2022 16:30 Hours and complete his/her admission process upto 09 Nov 2022 16:30 Hours. Original documents are required as per CG Admission Rule No. 7(XXI).” 8. Scrutiny could be done only of original documents. 2. Allotted Candidate should proceed for their Scrutiny of Original documents upto 08 Nov 2022 16:30 Hours and complete his/her admission process upto 09 Nov 2022 16:30 Hours. Original documents are required as per CG Admission Rule No. 7(XXI).” 8. It is also relevant to take note of Rule 7(xxi)(A) and 7(xxi)(B) of Rules of 2018, which read as follows: “7(xxi)(A) List of documents required for scrutiny for the counseling: (i) Admit Card of the NEET examination (ii) Score List of the NEET examination (iii) Marksheet of class 10th/Birth Certificate (for age) (iv) Marksheet of class 12th (v) Domicile Certificate of the State of Chhattisgarh (vi) Permanent Caste Certificate of the State of Chhattisgarh (if applicable) (vii) For the Other Backward Class, Caste Certificate along with the Income Certificate of last 3 years (which is issued by Government/Form-16 of the office of the Central Government/Tehsil Office) (viii) For Cadre Soldier/Handicapped people/Freedom Fighter, Certificates as per Appendix (Note - for the handicapped people, duration and issuing office is mandatorily required as per Appendix) (if applicable).” 7(xxi)(B) List of documents required after scrutiny of documents for taking admission in the College and Prescribed Fee: 1. Allotment Letter 2. Government Service Bond Letter (Bond) (Applicable only for the MBBS Course) 3. Course Leaving Bond (Breakage Bond) (Applicable for MBBS/BDS course) 4. Medical Fitness Certificate (as per Rule 7(xii) one) 5. Transfer Certificate/Transfer Certificate cum Character Certificate 6. Character Certificate (issued by School/College/Gazetted Officer) 7. Migration Certificate (if student of any other institution, time will be granted on Affidavit) 8. Gap Certificate (if allocable) 9. Aadhar Card/any other photo identity card (Ex-School/College Identity Card/Driving Licence/Passport) 10. Four (4) Passport Size photographs Coloured/Black and White, which is made from the same negative 11. Prescribed Fee: (i) Tuition Fee (ii) Non-Government Fee (iii) In the case of Private Medical College Bank Guarantee for the fee of one year.” 9. It is relevant to mention that the aforesaid Rules have been extracted from the return of respondents No. 2 to 4, where the English translation, as noted above, are furnished. 10. That the petitioner could not complete his scrutiny of documents before the last date, i.e. 08-09.11.2022 before 4.30 PM, is an established fact. It is relevant to mention that the aforesaid Rules have been extracted from the return of respondents No. 2 to 4, where the English translation, as noted above, are furnished. 10. That the petitioner could not complete his scrutiny of documents before the last date, i.e. 08-09.11.2022 before 4.30 PM, is an established fact. The question is whether the authorities were right in insisting upon the petitioner to produce the Medical Fitness Certificate, Notarized Affidavit on 07.11.2022 as part of scrutiny of documents. 11. On a specific query of the Court, Mr. Tiwari, on instructions of Mr. Tikam Singh Dhruv, Assistant Professor, Government Medical College, Kanker, who is present in Court, submits that in terms of Rule 7(xxi)(A), documents as indicated therein are to be produced for scrutiny before the respective College authorities and after the scrutiny of documents is over, the stage for taking admission sets in and in the process of admission, Rule 7(xxi)(B) comes into play. 12. Rule 7(xxi)(A) does not visualize production of Medical Fitness Certificate, Notarized Affidavit and Demand Draft. The averment of the petitioner that the scrutiny did not take place because of failure of the petitioner to produce such documents is not denied in the return filed by respondents No. 2 to 4. 13. The factual matrix of the case would clearly demonstrate that the petitioner had gone to the College on 07.11.2022 and it was pointed out to him by the authorities that the petitioner is not in possession of Medical Fitness Certificate, Notarized Affidavit and Demand Draft for payment of admission fee. 14. Mr. Tiwari has assiduously urged with reference to paragraph-9.5 of the writ petition that the petitioner himself had admitted that he could not get the documents scrutinized within time. We are of the opinion that such averment of the petitioner cannot be held against the petitioner inasmuch Medical Fitness Certificate and Notarized Affidavit, which is in other words, the Bond required to be submitted, and the Demand Draft are not required to be produced at the time of scrutiny in terms of Rule 7(xxi)(A). The stand taken by the College authorities in denying scrutiny of the documents on 07.11.2022 does not stand to reason and such a stand was wholly uncalled for. The stand taken by the College authorities in denying scrutiny of the documents on 07.11.2022 does not stand to reason and such a stand was wholly uncalled for. It is not in dispute that the Bond is dated 08.11.2022, Demand Draft is dated 09.11.2022 and Medical Fitness Certificate is dated 07.11.2022, i.e. all obtained while the admission process was still continuing. 15. In view of the above facts and circumstances of the case, we are of the considered opinion that the respondent College was wholly unjustified in not conducting scrutiny of the documents, which are relevant in terms of Rule 7(xxi)(A) of the Rules of 2018 to enable the petitioner to proceed to the next stage of admission. 16. By virtue of the interim order of this Court dated 13.11.2022, the petitioner was allowed provisional registration for the purpose of second round of counselling. The petitioner having been denied admission on wholly untenable grounds, we are of the opinion that it cannot be construed that the petitioner has forfeited his right to take admission in Government Medical College, Kanker, for which he was given allotment letter. If the seat allotted to the petitioner is taken to the second round of counselling, which is not complete, the same shall not be reckoned for the purpose of second round of counselling. The petitioner will present himself before the Government Medical College, Kanker for the purpose of production of documents in terms of Rule 7(xxi)(A) and 7(xxxi)(B) by 17.11.2022 and if the documents are in order, steps will be taken for admission of the petitioner in the seat allotted. If the petitioner is found wanting in any of the aspects in terms of Rule 7(xxi)(A) and Rule 7(xxi)(B) of the Rules of 2018, admission may not be granted to the petitioner and in that event only, the seat allotted to the petitioner will be reverted back to the pool of second counselling seats. 17. The writ petition stands allowed in terms of aforesaid observations/directions.