Chattisgarh High Court
Divya Karsh vs State Of Chhattisgarh on 21 February, 2023
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WPC No. 863 of 2023
1. Divya Karsh, D/o Ramlal Karsh, Aged About 22 Years, R/o New Ashok Nagar,
Nahar Para, Raipur, District- Raipur Chhattisgarh. Course- B.Sc (MLT), Batch-
2021 Pass Out.
2. Mamta Ratre, D/o Punarad Ratre, Aged About 22 Years, R/o Kondapar Satnami
Para, Dhamtari, District - Dhamtari Chhattisgarh. Course B.Sc (MLT), Batch 2022
Pass Out.
---- Petitioners
Versus
1. State of Chhattisgarh Through- Secretary, Higher Education Department, 1st Floor
Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh.
2. Chhattisgarh Private University Regulatory Commission, Through- Secretary,
Madhu Pillai Square, In Front of Ram Mandir, Shanti Nagar, Raipur, Chhattisgarh.
3. Chhattisgarh Paramedical Council Through- Director, C.G. Paramedical Council,
Mahanadi Bhawan, Naya Raipur, Chhattisgarh
4. ITM University Through - Registrar 3 rd Floor, Shyam Plaza, Near New Bus Stand
Pandri, Raipur Chhattisgarh- 492001
5. Police Superintendent Raipur, District- Raipur Chhattisgarh
6. University Grant Commission (UGC) Bahadur Shah Zafar Marg, New Delhi
-110002
---- Respondents
21/02/2023 Ms. Surya Kawalkar Dangi, Counsel for the Petitioners.
Mr. Aditya Tiwari, P.L. for the State.
Mr. Sourabh Sahu, advocate on behalf of Mr. Malay Shrivastava, Advocate for respondent No.2.
Ms. Sameeksha Gupta, advocate appears on behalf of Mr. B.P. Sharma, Counsel for respondent No.4.
Mr. R.K. Gupta, Advocate for respondent No.6.
Heard on the application for grant of interim relief.
It is submitted that the petitioners are students who have taken admission in the course B.Sc. Optometry and B.Sc. MLT in the university of respondent No.4. After clearing the result the petitioners applied for registration before respondent No.3, the council praying for registration of their names in paramedical professional State register, it was informed to them that the degrees obtained by the petitioners are not recognized. On making representation before respondent No.1, State of Chhattisgarh the sanction has been granted vide letter dated 31-12-2020 (Annexure- P/3) mentioning that expost facto sanction is granted taking into consideration the interest of the students and directed the respondent No.2 to do the needful.
Respondent No.2, Regulatory Commission has approved this decision of respondent No.1 vide letter dated 29-06-2021 (Annexure-P/4). It is submitted that under Section 2(D) of the Chhattisgarh Sah Chikitsa Parishad Act, 2001 (in short 'the Act, 2001') the degree, diploma or certificate in paramedical subject has been recognized and the council constituted under Section 3 and 4 of the Act, 2001 is empowered to take decision under Section 23 and 24 of the Act, 2001. Placing reliance on the judgment of Rajasthan High Court in the case of Rajasthan Para Medical Council Vs. Hitesh Kumar Sharma and others in Writ No.629/2018 decided on 25-05-2018, it is submitted that the application for interim relief be allowed and the respondent No.3 be directed to grant provisional registration to the petitioners in the interest of their future prospects.
The State counsel appearing for respondent No.1 submits that the decision has been taken by the State vide Annexure-P/3 dated 31-12-2020, therefore, the petitioners have no grievance against the State.
Counsel for respondent No.2 submits that respondent No.2 has approved the decision taken by the State Government. Therefore, appropriate order be passed.
Notice be issued to respondent No.3 P.F. be paid as per rules.
As in a similar case in W.P.(C) No.1601 of 2022, this Court has passed an order granting interim relief and observed as under:-
"After considering these submissions, it would be seen that although the degree courses in which the petitioners are qualified were not approved initially, however, respondent No.1 has taken decision to sanction and grant validity to the degrees as one time measure which has been approved by respondent No.2. Hence, on this basis I feel inclined to allow this application.
Accordingly, the application for grant of interim relief is allowed. Respondent No.3 is directed to grant provisional registration by entering in the register of the council on temporary basis by making entries, the name of the petitioners in the register kept and maintained for the same within a reasonable time. The future of these entries shall be subject to outcome of the final decision of this petition."
Hence, on this basis, I.A. No.1 of 2023, an application for grant of interim relief is allowed and respondent No.3 is directed to grant provisional registration by entering in the register of the council on temporary basis by making entries, the name of the petitioners in the register kept and maintained for the same within a reasonable time. The future of these entries shall be subject to outcome of the final decision of this petition.
Counsel for the respondents who are represented are granted time to file detailed reply and objection, if any.
List this case along with WPC No. 869 of 2022.
Sd/-
(Rajani Dubey) Judge Ruchi