47 Hi$H GQURT ¢F €HH§TT§$G¢KRW §iLiXSPUR Writ Petition gS} No. 343G 0f 2008 Feti‘tionefs 1) Niha! Ram Sahu. 8m. Kusha£ Ram Sahu, aged about 45 years: RIG. New Kailashpuri} Raépur, District Ra§pur (CG). 2} Munnata: Chandrakar, Sio‘ Baiiram Chandrakan Aged abeut 45 years Pie DKS, Compeuad. Raipur. District 'Raig‘aur (CG). 3) Devram Sahu, Sic. Lakhamai Sahu, aged about 48 years, Rm. Kachna; Pest Saddu‘ Raipar, DEstrict Raipur (CG). 4') Ramesh Kumar Bubey, 8/0. KP. D§ubey aged about 57 veara Rm. Mantraiayé Parisar, Raipur, District Raipur (CG). Ramkishun Dhiwar, Slo. Laie Mannedhiram Dhiwar, aged abou 47 years, Rio. Ayurvedic College Ccgcnv, Nurse Quarter No.13, Raipur, Dietrief RaiauMCG) 6} Prabodh Kumar Gupta, Sic. Sam; Prasacr' Gupta. aged abouf 51 years, hi0. Near Saryanarayan Mandir, Banr'aré Road, Qale Bazar, Raipurs, Distrr’ct Raipur (CG). I} Prabhat Prasad Kesharwam, S/o. Nandkishore Kesharwani, aged about 48 years, rm. New Cokmy, Kushazpur, Raipur, District Raipur (CG). Gangaram Sahu, Sic, Shambhu Sahu, aged abcu‘r 5Q years, r/a. Dumer Talab Mamba Bazar, Raipur, District Rarpur (CG). 9’} Suresh Kumar Sharma, Sic. Bharat Lai Qearma aged abeu‘r 51 years rm; Masipuri, Near Mahamaya‘ Mandrr, Raipur, District Raipur (CG). (I? \J Versus gee onéems Q i) Siate of Chhattisqarh‘ through $ecretarv‘ HeaHh' " Femii§7 Welfare ”Department. D.!~<.S, Bhawan, Raipur, District Raipur (CG). 2) Director, Heaith Services, Chhatiisgarh, Disirrct Raipur (CG). 3) Been Medical CoEiege, Pt. Jawahariai Nehru Medicat Ceiiege, Raipur, Dierrict Raipur(CG). Joint Director-cumGuperin'tenrierit, Dr. Bheemreo Ambedkar Smriti Chikitsaiaya, Raieur(CG}. t (Writ Petition under Article 226 of the Constitution of India.) SB: Hon’ble Mr. Satish K. Agnihotri, J. Present: Shri Manoj Paranjpe and Shri Vikram Dixit, counsei for the petitioner. Shri Arun Sao, Go'vt. Advocate for the State. ORAL ORDER (Passed on 4‘“day ofJuIy, 2008) Learned counsel appearing for the petitioners submits that on 14-7-1984 the petitioner No.1, on 27—6—1984, petitioner No.2, on 22/11/1983 petitioner No.3, on 21—8— 1981 petitioner No.4. on 10-8-1986 the petitioner No.5, on 21‘9—1986 petitioner No.6. on 12—7—1982 petitioner No.7, on 15-7—1977 petitioner No.8 and on 29-5-1985 petitioner No.9 were appointed as Compounders in the Government Hospital, Raipur. Learned counsel further submits that the undivided State of MP. vide circular dated 18~8—1994 (Annexure P/2) took a decision to change the name of the post of Compounder as Pharmacist Grade-2, The said decision was adopted by the State of Chhattisgarh on 7-7-2001 (Annexure P/3). Accordingly, several similarly situated Compounders were re— designated as Pharmacist Grade -2. 2) The petitioners did not take any steps after 7-7—2001, till filing of this petition on 29—6-2008. in the meantime, the StateGovernment issued a fresh circular on 21—5—2004 (Annexure P/5), requiring all the Compounders to produce a degree/diploma in Pharmacy in order to be re—designated as Pharmacist Grade—2. The petitioners challenge the said circular as being arbitrary and discriminatory in this petition. Learned counsel further submits that the amendment in the circular caused prejudice to the petitioners and other persons, who have not been re-designated as Pharmacist Grade-2 before passing of the circular. The petitioners have not submitted anyjustification for deiay and laches on their part in not approaching the Government or to the Court prior to 21—5—2004. The change in policy by the Government cannot be questioned or reviewed by the Court, unless the same is inconsistent and contrary to the constitutional provisions or arbitrary and discriminatory. On perusal of the pleadings and documents appended thereto and the impugned policy, ldo not find any reason to interfere with the same as the policy of the State seems to be based on sound grounds. The petitioners have failed to establish 3) degree/dipfoma in Pharmacy. 4)‘ petition is dismissed summarily. Satish K. Agnihotri T3 V ; .W.