c.f- ^^ ^ ^fi^^i- ri rii!:^^"V LE ^i.? IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH A BILASPUR WRIT PETITION ^) No ^.^.7.5./2QQ9 PETITIONER ^M ^t' <'- / 1. Sundar singh Maravi Aged about 30 years S/o Tej Lal Maravi R/o Village - Kudari, post kudari, Police station - Pendra, Tahsil-Pendra road, District - Bilaspur (C.G.) -" 2. Ishawar Singh Armo Aged about 32 years S/o Veer Singh Armo R/o Village - Kotmi kala, post- Kotmi kala, Police station - Pendra, Tahsil-Pendra road, District - BUaspur (C.G.) 3. Mangal Singh Maravi Aged about 35 years S/o Rannu singh Maravi R/o Village - Nagvahi (Ghordevra Para), Post - Silpahri, Police station - Pendra, Tahsil-Pendra road, District - BUaspur (C.G.) ^ 4. Samar Singh Paikara Aged about 33 years S/o Kripal Singh Paikara R/o Village - Kotmi Kurda, Post - Basti Bagra, Police station - Pendra, District - BUaspur (C.G.) 5. Madhusudhan Pathak Aged about 34 years S/o C.D.Pathak R/o opp - Tiwari Buliding, Kedarpur, Police station - Ambikapur, District - Sarguj'a (C.G.) . 6. Veer Singh Kerketta Aged about 28 years S/o DawarUa ram, R/o Village - Chandravti, Blok- Poudi uproda, Post - Karri, Tahsil - Katghora, District - Korba (C.G.) - 7. Mahendra Prakash Patel Aged about 28 years S/o Narottam Prasad Patel R/o Village - Konchara, r Post - Mittu - Navaghaon, Police station - Kota, District - BUaspur (C.G.) 8. Satish Kumar Ravat Aged about 30 years S/o Samam Lal Ravat R/o Village - Loharsi, Post - Loharsi Kharod, Police station - Shivrinarayan, District - Janjgir - Champa (C.G.) 9. Purshottam Yadav Aged about 29 years S/o Bhaiya Lal Yadav R/o Village & Post - Sadhawani, Police station - Gourella, District - BUaspur (C.G.) 10. Kishun Ram Paikara Aged about 34 years S/o Jugma Ram Paikara R/o Vmage & Post - Dhipadih kala, Tahsil & Police station - ShankarGarh, District - Sarguja (C.G.) 11. Manish Kumar Portey Aged about 28 years S/o Dev Singh Portey R/o Village - Doujara, Post-Lalpur, Police station - Gourella, District - BUaspur (C.G.) A2. Prahalad Vashudev Aged about 30 years S/o Madhav Prasad Vashudev R/o Village -Jhabar, Post-Kudkai, Police station - Pendra, District - BUapsur (C.G.) 13. Man Pratap PaiJcara Aged about 30 years S/o Bohat Singh Paikara, R/o Village - Jatadevri, Post - Aamadad, Police station - Pendra, District - Bilaspur (C.G.) Q- 14. Mohan Ram Pa^kari Aged about 34 years S/o Hadbad Ram Paikara R/o Vmage & Post - Dhipadih kala, Tahsil & Police station - ShankarGarh, District - Sarguja (C.G.) VERSUS RESPONDENTS 3. State ofChhattisgarh Through - Secretary Department ofHigher Education, Mantralaya, D.K.S. BuUding, Raipur C.G. State ofChhattisgarh Through - Secretary Department ofAyurved Yoga & Natural Therapy, Yunani, Sidha & Hemeo (Ayush) Mantralaya, D.K.S. BuUding, Raipur C.G. Principal, Chouksey ayurv^ed Compounder Prashikshan Kendra, Near azad Chowk Pendra, District - BUaspur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^ HIGH COURT OF CHHATTISGARH : BILASPUR V\/RIT PETITION (S) N0.2675 OF 2009 PETITIONERS Sundar Singh Maravi & Others Versus State of Chhattisgarh & Another T^ RESPONDENTS A^. ^ Post for pronouncement of the orders on the _^f_ day of January, 2011 Sd/- Satish K. Agnihotri Judge ;!1^ ^^^^^, ,^J:TW"^-\. /r .,^,^-. ^. fC^ ^J\ ,^^p. ^.^,^ ^ ^sa^y' hl<!^ HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S) N0.2675 OF 2009 PETITIONERS Sundar Singh Maravi & Others Versus State of Chhattisgarh & Another RESPONDENTS (Writ petitions under Article 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Hemant Gupta, Advocate for the petitioners. Shri Sushil Dubey, Government Advocate for the State. •M (Delivered on this ^^ day of January, 2011) 1. The petitioners, by this petition, seek a direction to the respondent authorities to consider the applications of the petitioners for selection and appointment on the post of Ayurvedic Compounder pursuant to the advertisement dated 4-9-2008 (Annexure P/3) and further challenges the select list dated 16-2-2009. 2. Shri Gupta, learned counsel for the petitioner, would submit that the petitioners obtained diploma in Ayurvedic Compounder from Netaji Subhash Chandra Bose Computer Gramin Vishwavidyalay, r(aipur.(for short "the Institute"). H.K. Cultury Education Trust proposed by Chouksey Ayurved Compounder Training Centre, Pendra, was granted permission under the Chhattisgarh Sah Chikitsa Parishad Act, 2001 (for short "the Act, 2001") temporarily to run the training centre, on 28-2-2003 (Annexure P/5) and the similar permission was granted to the Institute also. The petitioners passed two years diploma course in the year 2004. Thus, the diploma certificate obtained by the petitioners from the Institute was recognized one and on that basis, the petitjoners ought to have ^ ^ been permitted to partjcipate in the process of selection for appointment on the post ofAyurvedic Compounder. On the other hand, Shri Dubey, learned Government Advocate appearing for the State, would submit that though the petitioners participated in the selection process, but on scrutiny on 16-2-2009 it was found that the necessary qualification of Ayurvedic Compounder obtained from the Institute was not recognized by the Chhattisgarh Paramedical Council, Raipur. Learned counsel relies on internal proceedings (Annexure R-2/1), wherein itwas observed that the Institute had not made any application to the Chhattisgarh Paramedical Council, Raipur, for recognition of thecourse run by the Institute, Thus, the petitioners could not have been selected and appointed, as the diploma certificate obtained by the petitioners, was notfrom the recognized Institute. Having heard learned counsel for the parties, perused the pleadings and the documents appended thereto, recognition of paramedical qualification is defined under the provisions of Section 2 (d) of the Act, 2001. The definition provides for recognition of an institute by the State Government on behaif of the Paramedical Council. Chapter V of the Act, 2001 provides for Paramedical tnstitution and Recognition wherein there is a prescription for recognition, withdrawal and maintenance of minimum standards of paramedical educational institutions. The regulations framed therein called as Regulations for Establishment of Paramedical Institutions - 2003 provides for minimum standard to be maintained by the Institute, which is engaged in teaching of paramedical qualifications. -^^•^ \- ^s^ n 6. The petitioners have not produced any application to controvert the submission ofthe respondents that no application was made by the institute. Initially the institute was a party as respondent No.3 & 4. However, on the prayer of the petitioners the same were deleted by order dated 3-8-2010 and, as such, the institute is not present to clarify asto whether application was made or not. 7. Reliance of the petitioner on a document dated 28-2-2003 (Annexure - P/5) wherein the State Government granted permission to H.K. Cultury Education Trust to run Chouksey Ayurved CompounderTraining Centre, Pendra, on temporary basis appears to be different from the institute involved in the present petition. The petitioners have filed a notification dated 16-12-2002 wherein the institute was granted recognition to run computer courses, higher and technical education, but no document has been produced in support of the contention of the petitioners whereunder the State Government on behalf of the Paramedical Council has granted recognition to run the Ayurvedic Computer Diploma Course and, as such, contention ofthe State Government merits acceptance. 8. For the foregoing reasons, the writ petition, being devoid of merit, is liable to be and is hereby dismissed. 9. There shall be no order asto costs. ____- Gowri Sd/- Satish K. Agnihotri Judge