The Court held that when a State-initiated training program is stayed midway due to lack of regulatory approval, the concerned regulatory body must be directed to decide on the approval within a fixed timeframe to protect the interests of the trainees.

Order On Board

1) By way of these petitions, the petitioners are seeking direction to respondent authorities to complete their remaining part of training program of Opthalmic Assistant and further to quash the order dated 4.8.2021 whereby the training program was stayed.

2) Learned counsel for the petitioners submits that petitioners are working on the post of Rural Health Organizer (RHO) in the Health and Family Welfare Department as they were appointed according to the Chhattisgarh Health and Family Welfare Department Non-ministerial Para-medical and Nursing (Directorate Health Services) Class-III Service Recruitment Rules, 2013. He further submits that petitioners sought permission from the department to undergo the training course of Ophthalmic Assistant and same was granted to them by the competent authority vide order dated 11.3.2020. He contends that the training program was stayed midway on the ground that it was not approved by the Chhattisgarh Para-medical Council. He further contends that petitioners are employees of Health and Family Welfare Department ; they participated in the training program after obtaining due permission from the competent authority and completed one year of the two-year training program, which was being run by a State instrumentality and no reason has been assigned in the order dated 4.8.2021 while staying the training program. He prays to quash the order dated 4.8.2021 and to direct the respondent authorities to complete the training program after according due affiliation.

3) On the other hand, learned State counsel submits that Para-medical Council did not accord its approval/ permission, therefore training program was stayed midway. He further submits that these petitions are misconceived and deserve to be dismissed.

4) Heard learned counsel for the parties and perused the documents placed on record.

5) Admittedly, the training program was started by the State itself. Petitioners are government servants working on the post of Rural Health Organizer and they participated in the training program of Opthalmic Assistant after obtaining due permission from the department. However, during the currency of aforesaid training period, a decision was taken to stay the same in absence of proper approval from the Chhattisgarh Para-medical Council. It appears that communications were made by the State for grant of approval but till date, Para-medical Council has not accorded its approval.

6) In view of the discussion made herein-above, these petitions are being disposed directing Chhattisgarh Para Medical Council to take decision with regard to granting approval of the training program, which is the subject matter of these petitions within period of 120 days from the date of receipt of copy of this order.

7) At the same time, petitioners would be at liberty to make representation(s) before Director, Health Services and Chhattisgarh Para Medical Council within period of 30 days raising therein all their grievances. It is expected that the aforestated authorities shall decide the petitioners’ representation(s) by way of a speaking order within period of 90 days of receiving a copy of the same.

8) Accordingly, these petitions stand disposed