1 2026:CGHC:5095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 693 of 2026 Dr. Pooja Sonwani D/o P.K. Sonwani Aged About 38 Years Resident Of D. 247/5, Yadunandan Nagar Tifra Bilaspur District- Bilaspur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Department Of Public Health And Family Welfare Mantralaya Mahanadi Bhawan Nava Raipur Atal Nagar, District- Raipur (C.G.) 2 - Director/joint Director Health Services Directorate Of Health Services Health Bhawan Sector-19, Nava Raipur Atal Nagar District- Raipur (C.G.) 3 - Commissioner Medical Education Medical Education Department Health Bhawan Sector -19, Nava Raipur Atal Nagar District- Raipur (C.G.) 4 - National Informatics Centre (Nic) Through Its Technical Director Mahanadi Bhawan Nava Raipur Atal Nagar District- Raipur (C.G.) ... Respondents For Petitioner : Mr. Sudhir Kumar Sahu, Advocate For Respondents- State : Mr. Khulesh Sahu, Panel lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 2 29/01/2026 1. Petitioner has filed this writ petition seeking following reliefs:- “1. This Hon’ble Court may kindly be pleased to issue appropriate writ and quash/set aside the impugned allotment order dated 02.01.2026 passed by the respondent no. 1 which is arising out of amendment notice dated 22.12.2025 issued by the respondent no. 2 to the extent it grants preferential treatment to in-service candidates in Bond PG posting counseling in the interest of justice. 2. This Hon’ble Court may kindly be pleased to direct the respondents to allot and post the petitioner at Pt. Jawahar Lal Nehru Memorial Medical College, Raipur (Department of Anatomy) as per her first preference posting (Annexure P- 3), strictly on the basis of merit rank, in the interest of justice. 3. This Hon’ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 2. Learned counsel for petitioner submits that petitioner has successfully completed post graduation course in MD (Anatomy) in the year 2022 from recognized college of State of Chhattisgarh and at the time of admission has also executed the bond for service in Government Medical College/Hospital for a period of 2 years. He submits that earlier vide public notice dated 17.12.2025 the Director Health Service have formulated guidelines for posting of post graduate doctors in the Government Hospitals/Medical Colleges on the option based on their merit position in post graduation degree course. Petitioner has been placed at serial no. 1 in merit list and accordingly, petitioner is having the preference to be posted according to option in view of notice dated 17.12.2025. After initiation of proceedings for posting of post graduate 3 doctors and submitting online application form. Respondent – State has issued another notice dated 22.12.2025 wherein arbitrarily changed the criteria of posting and has given preference of posting to in-service candidate. The action of respondent is arbitrary, and therefore, the circular dated 22.12.2025 be quashed. Respondent be directed to post the petitioner on the basis of merit giving preference to her for posting in first medical college/hospital as opted by her in online application form. 3. Learned counsel for State opposes the submission and would submit that there is no arbitrariness in the decision taken by State Government and issuance of amended notice dated 22.12.2025 (Annexure P-2). State authorities have considered the in-service candidate who were earlier posted in the same hospital and upon completion of post graduation degree, if post of that particular subject is available and vacant, then in-service candidate has to be posted. The writ petition is having no merits and is to be dismissed. 4. I have heard learned counsel for the respective parties and also perused the documents enclosed along with this writ petition. 5. The main grievance of petitioner in this writ petition is that earlier the State Government has taken a decision for posting of Post Graduate doctors within the medical college and hospitals, situated in the State of Chhattisgarh under the bond/agreement, based on merit . The notification was issued on 17.12.2025 and after few days of initiations of proceedings, the amended notification was issued mentioning that in-service doctors if they give consent for their posting at the original place of their posting, and the post in that hospital is lying vacant they 4 will be posted on preferential basis which is arbitrary. Petitioner along with this writ petition has enclosed first notification Annexure P-6 dated 17.12.2025. In this notification it is mentioned that the doctors who have completed post graduation course from the medical college of State of Chhattisgarh, will be posted through online counseling through NIC, Raipur, Chhattisgarh in the vacant post of hospital and medical colleges of the State based on merit. This notification is not under any statue or is under statutory rules but it is a decision taken by Directorate Health Services Chhattisgarh as to how and through what procedure posting of Post Graduate doctors is to be made under contract based on their agreement. Therefore, it is to be seen whether the decision of State Government is benefiting any person who has completed Post Graduation course and similarly situated to the petitioner or not. 6. In the case at hand the in-service post graduate doctors who had completed their Post Graduation course as in-service candidate is in exclusive domain of the State Government/respondent no. 2 for better administration of the medical facilities within the State of Chhattisgarh. In the amended notification it only mentions that the preference is to be given to in-service candidate to be posted at a place/hospital/medical colleges where they were earlier posted, subject to availability of vacant post on which they have completed Post Graduation course. 7. In the above facts of the case, exercise of the State Government in the opinion of this Court cannot be said to be arbitrary or such decision of the State Government cannot be state to be contrary to any law. 5 8. For the forgoing discussion, I do not find any merit in this writ petition, accordingly it is dismissed. No order as to cost(s). Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza