2025:CGHC:41675-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 844 of 2025 Sanjay Kumar Markam S/o Ram Chandra Markam Aged About 39 Years (In The Impugned Order 37 Years Mentioned), R/o College Road,surajpur, Distt. Surajpur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of General Administration Mahanadi Bhavan, New Raipur, Atal Nagar, Distt. Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary Department Of Social Welfare, Mahanadi Bhawan, New Raipur, Atal Nagar, Distt. Raipur (C.G.) 3 - Director Directorate Of Social Welfare, Samaj Kalyan Premises, Mana Camp, Raipur, Distt. Raipur (C.G.) 4 - Under Secretary General Administration Department, Mahanadi Bhawan, Nava Raipur, Distt. Raipur (C.G.) 5 - Director Directorate Of Health Services Chhattisgarh, Swasthya Bhawan, North Block, Sector 19, Nava Raipur, Distt. Raipur (C.G.) ...Respondent(s) (Cause-title taken from Case Information System) ------------------------------------------------------------------------------------------------------------------ For Applicant : Ms Chetna Sharma, Advocate For Respondent/State : Shri SS Baghel, Dy GA --------------------------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board Per Ramesh Sinha, Chief Justice 19.08.2025 Digitally signed by V PADMAVATHI Date: 2025.08.20 16:05:59 +0530 Mcc 844 of 2025 2 Heard Ms Chetna Sharma, learned counsel for the applicant, and Shri SS Baghel, learned Dy GA, appearing for the respondents/State. 1. Present petition has been filed with the following prayer: “It is humbly prayed that the Hon’ble Court may kindly be pleased to allow the present application and quoted part of order dated 10.06.2025 i.e. ‘The appellant submitted his renewed disability certificate on 22.05.2023. Thereafter, the appellant made representation explaining the legal provision involved in violation and requested for cancelling and dropping the whole charade of examination by the Medical Board’, be deleted from the order by modifying the order to that extent.” 2. Learned counsel for the applicant would submit that in the order dated 10.06.2025, passed in WA-331 of 2025, this Court has made certain observations in para-4, which were not part of the pleadings of the appeal memo, therefore, that part of the order may be deleted, as prayed in the present petition. 3. We have heard learned counsel for the applicant and perused the material annexed with the present petition, as well as with the Writ Appeal. 4. The applicant has claimed for deletion of following matter from para- 4 of the order dated 10.06.2025 on the ground that the same is not part of the pleadings. Portion of the order to be deleted is extracted here below for reference: Mcc 844 of 2025 3 ‘The appellant submitted his renewed disability certificate on 22.05.2023. Thereafter, the appellant made representation explaining the legal provision involved in violation and requested for cancelling and dropping the whole charade of examination by the Medical Board’’ 5. On perusal of memo of writ appeal, the above quoted statement appears at paras ‘G’ and ‘H’, which is reproduced hereunder for ready reference: “G. That in the name of WP(PIL) No.36/2023 the respondent no.4 has issued direction on 16.05.2023 to the appellant directing him to submit fresh disability certificate U/S 91 of the Act of 2016 from the State Medical Board and submit the renewed disability certificate by 22.05.2023. On 18.05.2023 the respondent no.4 directed the respondent no.5 to fix the date and time for examination of appellant and 3 others by the State Medical Board and forward the result to the department. The appellant submitted his renewed disability certificate on 22.05.2023. H. That the Appellant made representation explaining the legal provision involved in violation and requested for cancelling and dropping the whole charade of examination by the Medical Board, but the authorities are adamant that the Appellant must obtain a fresh disability certificate and submit himself for reexamination before the State Level Medical Board. Thus against the arbitrary and malafide behaviour of the Respondent Authorities, the Appellant has approached this Hon’ble Court by way WP(S) No.3472 / 2023.” 6. From perusal of paras- G and H of the appeal memo, it is apparently clear that there are relevant pleadings in the appeal, which Mcc 844 of 2025 4 have been observed in para-4 of the order dated 10.06.2025, yet, the applicant submitted that the content is not part of the pleadings. The submissions made by learned counsel for the applicant are misconceived, and the said observation in the order was very much there in the memo of WA-331 of 2025, at para- G and H. 7. Accordingly, we do not find any perversity or illegality in the order dated 10.06.2025, passed in WA-331 of 2025, and present petition is liable to be and it is hereby dismissed. Sd/- Sd/- Sd (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice padma