1 2025:CGHC:18934-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2804 of 2025 1 - Nutan Prkash Pardhan S/o Shri Gurudayal Singh Pardhan Aged About 33 Years R/o Kosamsara Balodabazar District - Balodabazar - Bhatapara (C.G.) 2 - Digeshwar Kumar Verma S/o Rikhi Ram Verma Aged About 33 Years R/o Changpara Gram Dhuma Post Baronda Rajim Dhooma District - Gariyaband (C.G.) 3 - Renu Dansena W/o Hemant Dansena Aged About 36 Years R/o Annapurnapara Kanker Nagar Palik Kanker District - Uttar Bastar Kanker (C.G.) 4 - Someshwar Singh Thakur S/o Phuleshwar Singh Thakur Aged About 44 Years R/o House No. 1789 Ward No. 04, Paraganw Road Gariyaband (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Additional Chief Secretary Department Of Public Health And Family Welfare Mantralaya Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.) 2 - The Principal Secretary Department Of Public Health And Family 2 Welfare Mantralaya Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur Chhattisgarh 3 - The Secretary Department Of Public Health And Family Welfare Mantralaya Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur Chhattisgarh 4 - The Director Health Services Directorate Of Health Services Swasthya Bhawan North Block Sector - 19, Nava Raipur Atal Nagar District - Raipur (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Mr. Harshmandher Rastogi, Advocate For Respondent(s) : Mr. Prafull N.Bharat, Advocate General and Mr. Shashank Thakur, Deputy Advocate General for the State. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma, Judge Order on Board Per Ramesh Sinha , Chief Justice 25/04/2025 Heard Mr. Harshmandhar Rastogi, learned counsel for the petitioners. Also heard Mr. Prafull N.Bharat, learned Advocate General and Mr. Shashank Thakur, learned Deputy Advocate General appearing for the respondents/State. 2. Challenge in this writ petition is to the Madhya Pradesh Public Health and Family Welfare (Directorate of Health Services) Class III Ministerial Service Recruitment Rules, 1989 as ultra vires to the extent that it does not provide any pomotional channel to the employees who are working as Stenotypists in the Directorate of Health Services, 3 Chhattisgarh or in alternate to direct the respondent authorities to frame promotion rules for Steno typists enabling their promotion to the post of Stenographer Grade III who are working under Directorate of Health Services. The relief(s) sought in the petition are as follows : “10.1 That, this Hon’ble Court may kindly be pleased to declare the Madhya Pradesh Public Health and Family Welfare (Directorate of Health Services) Class III Ministerial Service Recruitment Rule, 1989 (Annexure P/1) as Ultra vires to the extent that it does not provide any promotional channel to the employees who are working as Stenotypists in Directorate of health Services, Chhattisgarh. 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders directing the respondent authorities to frame promotion rules for Stenotypists enabling their promotion to the post of Stenographer Grade III who are working under Directorate of Health Services. 10.3. That this Hon’ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders directing the respondent authorities to decide the representation made by the petitioners dated 02.04.2025 (Annexure P-11) in limited time frame. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief, which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3. On perusal of the present petition, it transpires that the present petition is drafted with the prayer which is defective one, therefore, we are not inclined to entertain the present petition with such a vague and sketchy prayer as in the present petition ie. it has not been clearly mentioned as to why the same is declared to be ultra vires and he has to challenge the provision to which learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with 4 liberty to file properly drafted petition. 4. Learned State counsel has pointed towards the prayer made by the petitioners in the present petition that they have to challenge the provision as to why it is ultra vires and therefore the present petition is not maintainable. 5. In view of the submission made by the learned counsel for the petitioners, the present petition is dismissed as withdrawn with the aforesaid liberty. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.04.28 10:58:12 +0530