1 / 4 CGHC010052882021 2026:CGHC:35756 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1062 of 2021 • Dr. Omesh Bhagat S/o Jagarnath Bhagat Aged About 32 Years Occupation Doctor, Presently Posted And Working As Resident Doctor, Government Community Health Centre, Simga, District Baloda Bazar Bhatapara Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh Through The Principal Secretary, Department Of Medical Education, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Dean Pt. Jawaharlal Nehru Memorial Medical College, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Pt. Deendayal Upadhyay Memorial Health Sciences And Ayush University Of Chhattisgarh Through Its Registrar, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4. Chhattisgarh Medical Council Through Its Registrar, First Floor, Dr. Balmukund Sharma Clinic, Kankalipara, Near Nagar Nigam Ayurvedic Hospital, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Abhyuday Tripathi, Advocate For Respondent No. 1 & 2 : Mr. Rajkumar Sahu, Panel Lawyer For Respondent No. 3 : Mr. Ajay Dwivedi, Advocate For Respondent No. 4 : Dr. Sudeep Agrawal, Advocate with Ms. Subhi Rusia, Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12/08/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.i That, this Hon’ble Court may kindly be pleased to quash/ set aside the impugned (a) PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 4 notification dated 20.01.2021 (Annexure P-1) bearing No. 361/DUHS/Conf. Result/2021 issued by the respondent No. 3; (b) notification dated 27.01.2021 Annexure P-2 bearing No. Med./Student-UG/ 2021/1050 issued by the respondent No. 2; and (c) notice dated 03.02.2021 Annexure P-3 bearing No. CGMC/Regn./2021/63 issued by the respondent No. 4. 10.ii That, the Hon’ble Court may kindly be pleased to direct the respondent authorities not to take any coercive steps against the petitioner and he may be permitted to discharge his medical practice on the basis of certificate of registration issued by the respondent No. 4 on 06.05.2019 bearing registration No. CGMC/8979/2019, without any interruption. 10.iii Cost of the petition may also be granted to the petitioner. 10.iv Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for petitioner submits that petitioner has appeared in MBBS Part II examination (Final) in February 2018. After declaration of result, petitioner was issued marksheet showing him as pass. Petitioner thereafter got himself registered with the Chhattisgarh Medical Council, Raipur and the certificate of registration was also issued to him on 06.05.2019 vide Annexure P-7. Petitioner thereafter also underwent training from Sickle Cell Institute Chhattisgarh and a certificate to this effect is also issued to him vide Annexure P-10. Petitioner was appointed as Medical Officer on honorarium basis by Chief Medial and Health Officer, Jashpur vide order dated 02.07.2020 and is still continuing on the said post. Surprisingly, respondent No. 2 had issued a notification dated 20.01.2021 mentioning revised result of MBBS Part II examination, 2018 of petitioner to be ‘Fail’. He contended that before making correction in the earlier result declared and the marksheet issued, petitioner was not served any show-cause notice and no opportunity of hearing was given to him. He also contended that in the notification, Annexure P-1, no reason is assigned for making such correction vide 3 / 4 notification dated 20.01.2021 for the result declared in the year 2018 from Pass to Fail. Petitioner came to know about such notification only when petitioner received a letter from the Respondent No. 4- Chhattisgarh Medical Counsel on 03.02.2021 and immediately thereafter this writ petition is filed. He contended that considering the nature of grievance raised in this writ petition and the facts and circumstances of the case, this Court vide order dated 16.02.2021 had stayed effect and operation of the notification Annexure P-1 dated 20.01.2021 of Respondent No. 2. 3. Learned counsel for Respondent No. 3 would oppose the submission of learned counsel for petitioner and would submit that in the marksheet which is issued to petitioner itself mentions that the marks mentioned in the marksheet cannot be treated as original marks. He also submits that under General Ordinance-1 of University, Clause-15 provides that if any Clerical error or errors in the process of calculation or computerization is discovered in the results so declared, the Kulpati shall have the power to rectify the same. Invoking this provision under the Ordinance No. 1, result of petitioner has been corrected from Pass to Fail. However, upon putting specific query with regard to reason if any assigned in the notification, in this regard, he submits that from perusal of notification, it does not mention any reason therein, however, invoking the powers under Clause-15 of the Ordinance No. 1, notification Annexure P-1 has been issued. 4. Ld. counsel for Respondent No. 4 would submit that pursuant to Annexure P- 2 letter dated 27.01.2021 issued by Respondent No. 2, letter has been issued to petitioner which is an act of compliance of the directives issued by Respondent No. 2. Grievance of petitioner in fact is against Respondent No. 3. 5. I have heard learned counsel for the respective parties. 6. It is not in dispute that petitioner participated in MBBS Part II examination (final), 2018. According to the result declared by Respondent No. 3, petitioner 4 / 4 has been declared as Pass, which is reflecting from Annexure P-4. Petitioner got himself registered with Respondent No. 4 ie., the Chhattisgarh Medical Council and a certificate in this regard is also issued to him vide Annexure P- 7. Petitioner as of now is in employment with the State Government though on honorarium basis but according to the submission of learned counsel for petitioner, since 2020 he is continuously posted on the said post till date. 7. From perusal of Annexure P-1, it is clearly reflecting that there is no mentioning of the reasons for correcting the marksheet/ result issued in favour of petitioner from Pass to Fail. No document is placed on record by the counsel for respondent No. 3 along with reply that prior to issuance of notification, Annexure P-1, or correcting the result of petitioner from Pass to Fail, petitioner was issued any prior notice or given opportunity of hearing, even the copy of this notification is not marked to petitioner. 8. Minimum which is required under law is that if any adverse action is to be taken against any person, he/ she is required to be heard by giving prior notice before taking any decision, which in the facts of the case is missing and therefore the notification issued affecting the result of petitioner is in violation of principal of natural justice. 9. For the foregoing discussion, as before correcting result of petitioner from Pass to Fail, petitioner was not given any prior notice and notification/ order has been passed in violation of principals of natural justice, in the opinion of this Court, it is not sustainable. Accordingly, the notification, Annexure P-1, dated 20.01.2021 is quashed, reserving liberty to Respondent No. 3 to take fresh decision after issuing notice and giving opportunity of hearing to petitioner. 10. Writ petition is accordingly allowed in above terms. Sd/- (Parth Prateem Sahu) pwn JUDGE