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2025 DAILYLAW 53736 (CHH)

RAIGARH MEDICAL COLLEGE AND HOSPITAL OF AYURVEDA v. STATE OF CHHATTISGARH

WPC/5467/2025 · 2025-10-16

Shri Arvind Kumar Verma

Writ Petition (Civil)body2025

Judgment text

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1 2025:CGHC:51900 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5467 of 2025 Raigarh Medical College And Hospital Of Ayurveda Address Kotrapali Jamgaon Road Raigarh, C.G. Through The Secretary Sahaj Agrawal S/o Pramod Kumar Agrawal Age 33 Address- Raigarh Enterprises Pvt Ltd, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary To The Govt. Of Chhattisgarh, Department Of Medical Education Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, C.G. 2 - The Director Department Of Ayurveda Yoga And Naturopathy Unani Siddha And Homoeopathy (Ayush) Old Mantralaya Campus, Dks Bhavan, Raipur, P.S. Moudahapara Raipur, C.G. 3 - The Admission And Fee Regulatory Committee Through The Secretary The Admission And Fee Regulatory Committee, Government Co-Education Polytechnic Campus, Bairen Bazar Raipur, Chhattisgarh 4 - National Commission For Indian System Of Medicine Through Its Chairman Plot No. T-19, Dhanwantari Bhawan, Road No. 66, Punjabi Bagh (West), New Delhi- 110026 Delhi, India. ---- Respondents For Petitioner : Mr. Rohit Sharma, Advocate For State : Mr. Praveen Das, Dy. AG For Respondent No.4 : Mr. Vaibhav A. Goverdhan, Advocate 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 17/10/2025 1. By way of this petition, petitioner sought following relief(s) : “10.1 Issue an appropriate writ, order or direction, quashing and setting impugned letter/circular/memorandum 24.10.2024 issued by the Directorate of AYUSH, Chhattisgarh (Annexure P/1), whereby the Petitioner institution has been directed to charge Rs. 1,34,700/- as fixed for other institutions, 10.2 Declare that the Resolution dated 08.09.2023, having already been quashed by this Hon'ble Court in W.P.(C) No. 4864/2023, cannot be made applicable to the Petitioner institution and any reliance thereon is illegal, void and inoperative; 10.3 Issue a writ of mandamus directing the Respondent Fee Regulatory Committee to forthwith consider and determine the fee structure of the Petitioner institution in accordance with the provisions of the Chhattisgarh Niji Vyavsayik Shikshan Sanstha (Pravesh Ка Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2008, the NCISM Act, 2020, and the guidelines framed thereunder, by duly considering the actual cost and expenditure incurred by the Petitioner as submitted vide Annexure P/11; 10.4 Issue a writ of mandamus restraining the Respondents from enforcing the arbitrary fee of Rs. 1,34,700/- as fixed for other institutions, against the Petitioner institution and let the petitioner charge the reasonable fees according to the expenditure. 10.5 Pass such other writ, order or direction as this Hon'ble Court may deem just and proper in the interest of justice, including grant of interim protection during the pendency of the present writ 3 petition AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.” 2. Learned counsel for the petitioner prays for a direction to respondent No. 3 to decide the representation made by the petitioner on 24.10.2024 (Annexure P/8) expeditiously within a time frame. 3. Learned counsel for the respondents have no objection in this regard. 4. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case, submissions of the counsels for the respective parties, respondent no. 3 is directed to decide the representation made by the petitioner on 24.10.2024 (Annexure P/8), in accordance with rules/regulations and in terms of order passed by this Court in WPC No.4864 of 2023 on 06.01.2025 expeditiously preferably within a period of ‘60 days’ from the date of receipt of copy of this order. Petitioner is directed to place the above order of this Court before respondent No.3. 6. The issue for fixation of the fee structure in respect of petitioner/college is remitted back to respondent No.3 to pass afresh resolution by following the provisions prescribed under Section 9 of the Adhiniyam, 2008 within a period of ‘60 days’ from today after providing opportunity of hearing to the petitioner/college and the fee of the petitioner/college be re-fixed, in accordance with law. 4 7. It is made clear that this Court has not expressed any opinion with regard to the merits of the case. 8. With the aforesaid direction, the petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant