CHOUKSEY COLLEGE OF AAYURVED RESEARCH CENTER v. STATE OF CHHATTISGARH
WPC/5678/2025 · 2025-10-30
Shri Parth Prateem Sahu
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58036 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58036 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:53201 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No.
5678
of 2025
• Chouksey College of Aayurved Research Center Address Bilaspur, C.G. Through The Director, Ashish Jaiswal S/o Shri Krishna Kumar Jaiswal, Age 42 Years Address- House No. A-12 Rama Life City, Sakri Road, Bilaspur, District : Bilaspur, Chhattisgarh
... Petitioners versus
1. State of Chhattisgarh Through The Secretary To The Govt. Of Chhattisgarh, Department Of Medical Education Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, Chhattisgarh
2. The Director Department of Ayurveda, Yoga And Naturopathy, Unani Siddha And Homoeopathy (Ayush) Old Mantralaya Campus, Dks Bhavan, Raipur, P.S. Moudahapara Raipur, Chhattisgarh
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 Petitioners : Mr. Rohit Sharma, Advocate For Respondent-State For Respondent No. 4 : : Ms. Upasna Mehta, Govt. Advocate Mr. Vaibhav A. Goverdhan, Advocate Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 31/10/2025
1. Petitioner has filed this writ petition seeking following reliefs. “10.1 Issue a writ of mandamus directing the Respondent Fee Regulatory Committee to forthwith consider and determine the fee structure of the Petitioner institution in PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
2 / 3 accordance with the provisions of the Chhattisgarh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka 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.; 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 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. 10.4 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 petition.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.”
2. Learned counsel for petitioner submits that this writ petition is squarely covered with the order passed in WPC No. 5467 of 2025 (Raigarh Medical College and Hospital of Ayurveda vs. State and Chhattisgarha and others) and therefore this writ petition be disposed of in light of order passed in said writ petition. 3. Submission made by learned counsel for petitioner is not disputed by the respective respondents. 4. I have heard learned counsel for petitioner and also perused order passed in WPC No. 5467/2025. 5. Operative portion of the order passed in WPC No. 5467/2025 is extracted below for ready reference:
“5. Considering the facts and circumstances of the case, submissions of the counsels for the respective
3 / 3 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. 7. It is made clear that this Court has not expressed any opinion with regard to the merits of the case. 6.
In view of above, this writ petition is disposed of in similar terms of WPC No. 5467 of 2025 to pass fresh resolution/ order following due process of law and provisions prescribed under Section 9 of the Adhiniyam, 2008 within a period of 02 months from today, after providing opportunity of hearing to petitioner. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn
JUDGE