2026:CGHC:5904-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8772 of 2025

1 - Jumana Rajas D/o Hakimuddin Rajas Aged About 31 Years R/o Imlipara In Front Of Kesharvani Provision Gali, Gali No.6, Bilaspur (C.G.)

2 - Preeti Chandak D/o Meethala Kela Aged About 42 Years R/o Near Shitla Mandir, Bazarpara, Bemetra (C.G.)

3 - Jarina Siddiqui Hasim Khan Aged About 42 Years R/o Hn-424, Main Road Ramzani Baba Majar, Bilaspur (C.G.)

4 - Viyata Chandra C/o Mrinal Kanti Chandra Aged About 37 Years R/o 321, Phase2, Harimodal Nursery School Rajkishore Nagar Lingiyadih, Bilaspur Chhattisgarh 495006 ... Petitioners versus

1 - State Of Chhattisgarh Through The Director Directorate Of Medical Education Mahanadi Bhawan Naya Raipur Atal Nagar Chhattisgarh

2 - Director, Directorate Of Health And Family Welfare Mahanadi Bhawan Naya Raipur Atal Nagar Chhattisgarh

3 - Secretory, Chhattisgarh Public Service Commission Atal Nagar Nawa Raipur, Chhattisgarh, VED 4 - Secretary Rehabilitation Council Of India Nrcp, Colony, Block B Qutab PRAKASH DEWANGAN Institutional Area, New Delhi-110016 Digitally signed by VED PRAKASH DEWANGAN Date: 2026.02.04

5 - Secretary National Medical Commission Pocket 14, Sector- 8, Dwarka Phase-1, New Delhi ... Respondents (Cause title taken from Case Information System)

For Petitioners : Mr. Himanshu Pandey, Advocate For Respondent/State : Mr. Shashank Thakur, Additional A.G.

For Respondent No.3 : Dr. Sudeep Agrawal, Advocate Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha, C.J.

03/02/2026

1. This writ petition under Article 226 of the Constitution of India has been filed challenging the constitutional validity of Clause (2.C)(iv) (क) of Recruitment Advertisement No. 2/2025 dated 22.04.2025 issued by the Chhattisgarh Public Service Commission, the Gazette Notification dated 09.09.2024 amending the Chhattisgarh Public Health and Family Welfare (Gazette) Services Recruitment Rules, 1988, and Clause No. 17 of Schedule-III of the Chhattisgarh Medical Education (Gazetted) Services and Service Conditions Rules, 2013, insofar as they prescribe educational qualifications for the post of Clinical Psychologist allegedly contrary to the provisions of the Mental Healthcare Act, 2017 and the Rehabilitation Council of India Act, 1992.

2. The petitioners have filed the present petition seeking for the following reliefs:-

“A. Pass an appropriate Writ, Order or Direction declaring clause (2.C) (iv) (क) of advertisement bearing Recruitment Advertisement no. 2/2025 of the Chhattisgarh Public Service Commission (CGPSC) dated 22.04.2025 as unconstitutional, ultra vires, and void ab initio, to the extent that they prescribe educational qualification for the post of Clinical Psychologist based on recognition by the National Medical Commission (NMC), in contravention of the qualifications prescribed under the Mental Healthcare Act, 2017 and the Rehabilitation Council of India Act, 1992;

B. Pass an appropriate Writ, Order or Direction declaring clause (2.C) (iv) (क) of advertisement bearing Recruitment Advertisement no. 2/2025 of the Chhattisgarh Public Service Commission (CGPSC) dated 22.04.2025 as unconstitutional, ultra vires, and void ab initio, to the extent that they prescribe educational qualification for the post of Clinical Psychologist as only Post- graduation in Clinical Psychology, whereas, as per the Mental Healthcare Act, 2017, under Clause "g" of section 2(ii), Clinical Psychologists are also required to have a Master in Philosophy in Clinical Psychology from a University recognized by the University Grants Commission AND the Rehabilitation Council of India;

C. Pass an appropriate Writ, Order or Direction, declaring Clause 3, Entry No. 11. Column No. 5 of the Gazette Notification dated 09.09.2024, issued by order and in the name of the Hon'ble Governor by the Special Secretary, Department of Public Health and Family Welfare, as unconstitutional, ultra vires, and void ab init