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2025 DAILYLAW 8181 (CHH)

DR. RAHUL AGRAWAL v. STATE OF CHHATTISGARH

WPS/1137/2025 · 2025-02-07

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:7115 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1137 of 2025 1 - Dr. Rahul Agrawal S/o Radheshyam Agrawal Aged About 37 Years R/o H No. 501, Sarthi Chowk, Opposite Shiv Bajarang Mandir, Bhoipara, Raipur, District- Raipur (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Ministry Of Health And Gamily Welfare, Indravati Bhavan, Capitol Complex, Sector 19, Atal Nagar- Nava Raipur (C.G.) 2 - Mission Director, National Health Mission, Chhattisgarh, Swasthya Bhavan, Third Floor, Sector 19, Atal Nagar- Nava Raipur (C.G.) 3 - Chief Medical And Health Officer, CMHO Office Raipur, District- Raipur (C.G.) ... Respondents For Petitioners : Mr. Shivam Agrawal, Advocate For Respondents/State : Mr. Akhilesh Kumar, Government Advocate For Respondent No. 3 : Mr. C. Jayant K. Rao, Advocate SB: Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 07/02/2025 1. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1. That, this Hon'ble Court may kindly be pleased to quash/set-aside the communication dated 22.01.2025 of the Mission Director, National Health Mission, Chhattisgarh received dated 23.01.2025 & letter of office of CMHO SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2025.02.12 13:53:02 +0530 2 Raipur dated 16.01.2025 (Annexure P/1) (Colly) which is illegal, bad, perverse, arbitrary and against the actual facts and the law. 10.2 That, this Hon’ble Court may kindly be pleased to direct respondent State authorities to provide sufficient time to the petitioner, at least six months, for having his Chhattisgarh Medical council Registration Certificate prepared. 10.3 Cost of the petition. 10.4 Any other relief, which this Hon’ble Court deems fit and proper may also kindly be granted in favour of the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner submits that the petitioner is working as Medical Officer (Contractual) and is posted at Urban Community Health Centre, Khokhopara, District – Raipur. The petitioner has been appointed on the said post vide appointment order dated 14.03.2018 (Annexure P/2). He submits that after 07 years in service, the petitioner has been served with a notice dated 22.01.2025 (Annexure P/1) with a direction for submission of his Chhattisgarh Medical Council Registration Certificate in the office of the Respondent No. 3 within 15 days or otherwise, in failure of submission of the said certificate, the services of the petitioner will be terminated. 3. He submits that as directed by the Respondent No. 3 vide impugned communication/letter dated 22.01.2025 (Annexure P/1), it is not possible for the petitioner to submit the said Registration Certificate before the Respondent No. 3 within such a short period of 15 days. He submits that as the impugned communication/letter dated 22.01.2025 (Annexure P/1) mentions that if the petitioner fails to submit the Registration Certificate 3 before the Respondent No. 3 within 15 days, his services will be terminated, therefore, some protection be granted to the petitioner against the impugned order till he submits his certificate before the Respondent No. 3 as he is ready and willing to submit requisite certificate before the respondent authorities. 4. On the other hand, learned counsel for the Respondent No. 3 opposes the submission of the counsel for the petitioner and would submit that since the petitioner has already filed a reply to the impugned communication/letter dated 22.01.2025 and is seeking 10 days time, the respondent authorities will consider the same and 90 days time will be granted in favour of the petitioner for submission of his Registration Certificate before the Respondent No. 3 and till then, no coercive steps will be taken against the petitioner. However, he submits that if for any reason, the petitioner fails to submit his requisite certificate within the period prescribed, his services are liable to be terminated as per the impugned communication/letter dated 22.01.2025 in accordance with law. 5. Learned counsel appearing for the State does not oppose the said submission. 6. I have heard learned counsel for the respective parties and perused the documents placed on record. 7. Considering the submissions made by the parties, and further considering the aforesaid aspect of the matter especially, the submission of the counsel for the Respondent No. 3, that the reply 4 filed by the petitioner against the impugned communication/letter dated 22.01.2025 will be considered, I find it appropriate to dispose of this writ petition with a direction to the concerned respondent authorities to grant 90 days time to the petitioner from the date of submission of copy of this order, so as to submit his Chhattisgarh Medical Council Registration Certificate before the Respondent No. 3 from the date of receipt of copy of this order. The petitioner is also directed to submit this order within an outer limit of 10 days. 8. Accordingly, with these directions and observations this petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Dey