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, 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 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 carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the f