Nafr High Court
Case Details
1 2025:CGHC:15920 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3960 of 2024 Roopnanda Suryabhan Sonpiple, W/o. Surybhan Sampat Sonpiple Aged About 37 Years R/o. Plot No. 61, Araadhna Colony, Nara Road, YOGESH TIWARI Jaripatka, District - Nagpur, Maharashtra. Digitally signed by YOGESH TIWARI Date: 2025.04.09 09:58:12 +0530 versus ... Petitioner 1 - State of Chhattisgarh Through Directorate of Medical Education, North Block, Sector - 19, Swasthya Bhawan, 2nd Floor, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 2 - Chhattisgarh Para-Medical Council Through Registar, Directorate of Medical Education, Old Nurses Hostel, D.K.S. Bhavan, Raipur, District - Raipur (C.G.) 3 - Guru Ghasidas Vishwavidyalaya (Erstwhile Guru Ghasidas University), Ggv, Koni, Bilaspur, District - Bilaspur (C.G.) 4 - Dr. C.V. Raman Institute Of Science, Technology, Commerce And Management Dr. C.V. Raman University, Kargi Road, Kota, Bilaspur (C.G.) (Cause-title taken from Case Information System) ... Respondents For Petitioner
Legal Reasoning
: Mr. Shikhar Bakhtiyar, Advocate For State/Respondent No.1 : Mr. Praveen Das, Dy. Advocate General For Respondents No.2 : None, though served For Respondent No.3 : Mr. Neeraj Choubey, Advocate For Respondent No.4 : Mr. Anand Mohan Tiwari, Advocate (through Video Conferencing) 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 04.04.2025 1 Heard Mr. Shikhar Bakhtiyar, learned counsel for the petitioner as well as Mr. Praveen Das, learned Deputy Advocate General appearing for the State/respondent No.1, Mr. Neeraj Choubey, learned counsel appearing for respondent No.3 and Mr. Anand Mohan Tiwari, learned counsel appearing for respondent No.4 through video conferencing. 2 From perusal of the record would show that though notice was served to respondent No.2, but no one appears on behalf of respondent No.2 to press this petition. 3 By way of this petition, the petitioner has sought the following relief(s):- “10.1 That this Hon'ble High Court may kindly be pleased to direct the respondent no. 2 to accept the application form and register the name of the petitioner in the state register of Para Medical Council. 10.2 That any other relief which this Hon'ble Court deems fit and proper may also be granted in favor of the petitioner safeguarding their interest.” 4 Learned counsel for the petitioner would submit that the petitioner was a student of Dr. C.V. Raman University of Science, 3 Technology, Commerce and management, Raipur for the 3 year course of Bachelor in Medical Laboratory Technology (BMLT). That in the midst of the course, a PIL bearing registration No. Writ Petition Civil No. 19/2004 was filed before the Hon'ble Supreme Court seeking declaration of certain provisions of The Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 as ultra vires and for quashing of the notifications issued by State of Chhattisgarh in the purported exercise of power conferred by Section 5 of the said Adhiniyam for establishing various universities and that PIL came to be allowed vide order dated 11/02/2005 and thus the universities which were established under the said Adhiniyam, 2002 has lost their value. Thereafter looking to the bonafide interest of the students, and as per the direction of the Hon'ble Supreme Court course was carried over to Guru Ghasidas Vishwavidyalaya (then Guru Ghasidas University). She has passed her Diploma in Bachelor in Medical Laboratory Technology (BMLT) from Guru Ghasidas University. He would further submit that Guru Ghasidas University is established under Central Universities Act, 2009 and also recognized by Universities Grants Commission. That after obtaining the diploma certificate the petitioner approached respondent No. 2/Chhattisgarh Paramedical Council regarding their issue and to register their names in Paramedical Council, but respondent No. 2 refused to accept the application and enroll the petitioner in the State register maintained by them. It is further 4 contended that Section 23 and 24 of the C.G. Sah Chikitsa Parishad Act, 2001 (in short "2001") provide power to Paramedical Council to maintain the State register of paramedical practitioners. Thus, it is prayed that a direction to the respondent No. 2/ Chhattisgarh Paramedical Council to make entries of the names of petitioner in the register maintained by the respondent No. 2. 5 Learned counsel appearing for the respondents No.1, 3 and 4 would submit that the State (Public/private) Universities are recognized under Section 2(f) of U.G.C. Act, 1956 and are empowered to award degrees as specified under Section 22 of the Act, 1956. They would further submit that respondent No. 3/Shri Rawatpura Sarkar University is established on 17.04.2018, under the C.G. Private Universities Act, 2005. They would also submit that the University is empowered to award degrees as specified by the U.G.C. 6 I have heard learned counsel for the parties and perused the documents. 7 Sections 23, 24 and 40 of the C.G. Sah Chikitsa Parishad Act, 2001 reads as under:- “23. Powers and functions of Council. - (1) Subject to the provision-of this Act and the rules made thereunder, the Council shall exercise such powers and perform such functions as may he necessary for 5 carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provision, the powers and functions of the Council shall be- (a) to maintain the State Register of Paramedical Practitioners; (b) to hear and decide appeals from the decision of the Registrar in such manner as may be prescribed by regulations; (c) to prescribe by regulations a code of ethics for regulating the financial conduct of Registered Paramedical Practitioners; (d) to reprimand a Registered Paramedical Practitioner, to suspend or remove the name from the State Register, or to take such other disciplinary action against him, as may, in the opinion of the Council be necessary or expedient; (e) to permit any member to absent himself from three consecutive meetings of the Council; (f) to promote innovations, research and development in establishment of new paramedical subjects; (g) to formulate schemes for promoting paramedical education; (h) to promote an effective link between paramedical education and medical education, Ayurvedic, Unani, Homeopathy and Biochemy systems and to promote 6 research and development in these subjects; (i) to lay down norms and standards for courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment and examinations; (j) to fix norms and guidelines for charging tuition fees; (k) to advice the State Government in respect of grant of charter to any paramedical institutions and Universities imparting paramedical education; (l) to inspect or cause to be inspected any Paramedical Institution; (m) to constitute a board for conducting the examination to maintain uniformity of standard; (n) to perform such other functions as may be prescribed by rules; (o) to conduct the elections of members under clause (xi) of sub section (1) of Section 4. 24. Recognition of paramedical qualification in certain cases. - Where any Paramedical Institution is established or any Paramedical Institution opens a new or higher course of study except with the previous permission of the State Government in accordance with the provisions of this Act, no paramedical 7 qualification granted to any student of such Paramedical Institution shall be a recognized qualification for the purpose of this Act. 40. Power of Council to prohibit entry in or to order removal from State Register name of any person. - The Council may upon reference from the Registrar or otherwise, by order, prohibit the entry in, or order the removal from the State Register, the name of any person- (a) who has been sentenced by a Criminal Court to imprisonment for an offence indicating in the opinion of the Council such a defect in character as would render the enrolment or continuance of his name in the State Register undesirable; or (b) whom the Council after enquiry has found guilty of infamous conduct in any professional respect by a majority of two- third of members of the Council present and voting at the meeting : Provided that an order shall not be passed under this section without giving a reasonable opportunity of being heard to the person concerned.” 8 From bare reading of Section 23 of the Act, 2001, it appears that it deals with Powers and functions of council and it is categorically stated that the Council has power to maintain the state register of paramedical practitioners and to permit, re-permit registered para 8 medical practitioner or remove the name from the state registrar. 9 Section 24 of the Act, 2001 deals with Recognition of paramedical qualification in certain cases “Where any Paramedical Institution is established or any Paramedical Institution opens a new or higher course of study except with the previous permission of the State Government in accordance with the provisions of this Act, no paramedical qualification granted to any student of such Paramedical Institution shall be a recognized qualification for the purpose of this Act.” 10 Section 40 of the Act, 2001 deals with Power of Council to prohibit entry in or to order removal from State Register name of any person, by reference of Registrar prohibit entry in, or order the removal from, the state register the name of any person, who has sentenced by a criminal court or found guilty of infamous conduct in any professional respect. 11 Taking into consideration the facts and above stated submissions, it is apparent that University is empowered to award degrees and respondent No. 2/ Chhattisgarh Paramedical Council is the authority to consider and register the entries of the name of practitioners of para-medical. The University has awarded degrees to the petitioner according to Section 22(1) of the U.G.C. Act, 1956 and Paramedical Council has not registered the name
Decision
of the petitioner. At this juncture, the petition, is disposed of with a direction to the respondent No. 2 to grant registration to the 9 petitioner by entering her name in the register of council by making entries in this regard. The name of petitioner in the register be kept and maintained for the same with a reasonable period of time. Respondent No. 2 is also directed to issue requisite certificate of practice. If it is found that the petitioner have obtained the degree unfairly, then the respondent No. 2 would be at liberty to prohibit entries of the petitioner under Section 40 of the Act, 2001. 12 With the aforesaid observation(s), instant writ petition is disposed of. Yogesh Sd/-/- - (Amitendra Kishore Prasad) Judge