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2026 DAILYLAW 35086 (CHH)

PURVI SAHU v. STATE OF CHHATTISGARH

WPC/4637/2026 · 2026-09-08

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 CGHC010352542026 2026:CGHC:39537-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4637 of 2026 Purvi Sahu D/o Layak Ram Sahu, Aged About 21 Years R/o Gram Farfaud, Post Khusrupali, District Mahasamund (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Public Health, Family Welfare And Medical Education, Mantralaya, Mahanadi Bhawan, Nava Raipur Distt. Raipur Chhattisgarh. 2 - Commissioner, Medical Education Swasthya Bhavan, 2nd Floor, North Block Sector -19, Nava Raipur, Atal Nagar, District Raipur (C.G.) 3 - Director, Directorate of Medical Education Government of Chhattisgarh, Raipur District Raipur (C.G.) 4 - Chhattisgarh State Medical Board, Directorate Of Medical Education, Through Its President, Swasthya Bhavan, 2nd Floor, North Block, Sector -19, Nava Raipur, Atal Nagar, District Raipur (C.G.) 5 - Collector, District Mahasamund (C.G.) 6 - National Testing Agency, Through Director General, First Floor, N S I C- M D B P Building, Okhla Industrial Estate, New Delhi, Delhi 110020 7 - National Medical Commission Through Its Secretary General, Pocket-14, Sector-8, Dwarka, Phase - I New Delhi ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 8 - All India Institute of Medical Sciences, Through Its Director, Tatibandh, G E Road, Raipur District Raipur (C.G.) ... Respondents ---------------------------------------------------------------------------------------------------- For Petitioner : Mr. Ashish Tiwari, Advocate (though video conferencing) along with Ms. Aarti Tiwari, Advocate For Respondents/State : Mr. Shashank Thakur, Additional Advocate General For Respondent No. 6 : Mr. P.R. Patankar, Advocate For Respondent No. 7 : Ms. Shreya Pawan Daga holding brief of Mr. Dhiraj Kumar Wankhede, Advocate ---------------------------------------------------------------------------------------------------- Hon'ble Shri Krushna Ram Mohapatra , Chief Justice Hon'ble Shri Sanjay Kumar Jaiswal , Judge Order on Board Per Krushna Ram Mohapatra , Chief Justice 09.09.2026 1. Heard Mr. Ashish Tiwari, learned counsel (appearing through video conferencing) along with Ms. Aarti Tiwari, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Additional Advocate General, appearing for the State/ respondents, Mr. P.R. Patankar, learned counsel, appearing for respondent No. 6 and Ms. Ms. Shreya Pawan Daga holding brief of Mr. Dhiraj Kumar Wankhede, learned counsel, appearing for respondent No.7. 2. The petitioner in this writ petition prays for following reliefs : “a. To issue an appropriate writ, order or direction including a writ of Certiorari thereby quashing and 3 setting aside the communication/decision dated 14.08.2026 issued by Respondent No. 4; and/or, b. Issue an appropriate writ, order or direction including a writ of Mandamus directing the Respondents to forthwith consider the Eligibility Certificate and medical assessment issued by the Medical Assessment Board of AIIMS, Raipur - Respondent No. 8 in respect of the Petitioner; and/or, c. In the alternative, issue an appropriate writ, order or direction directing the Respondents to constitute a fresh and competent Medical Board consisting of appropriate specialists, including a Neurology/Neurosurgery specialist, and to re-assess the Petitioner's medical condition in light of the report submitted by Respondent No. 8 - AIIMS Raipur and certificate dated 12.08.2026; and/or, d. Grant any other relief, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 3. In course of argument, Mr. Tiwari, learned counsel for the petitioner submits that against the order passed by the State Medical Board under Annexure - P/1, the petitioner has filed an appeal before the Director Medical Education and Chairman, State Medical Board on 21.08.2026 (Annexure – P/10). 4. Mr. Shashank Thakur, learned Additional Advocate General submits that as per administrative order dated 28th August, 2015, the State Medical Board has been authorized to hear the grievance against any order passed by it. 4 5. In that view of the matter, Mr. Tiwari, learned counsel for the petitioner submits that the petitioner shall make a fresh application / appeal before the State Medical Board against the impugned order dated 14.08.2026 passed by it under Annexure – P/1. 6. Mr. Thakur, learned Additional Advocate General does not have any objection to such prayer. 7. In view of the above, the writ petition is disposed of with an observation that in the event the petitioner files an application / appeal before the State Medical Board against the order passed by it under Annexure – P/1 within a period of three days hence, the same shall be considered and disposed of expeditiously as possible preferably within seven days thereafter. Sd/- Sd/- (Sanjay Kumar Jaiswal) (Krushna Ram Mohapatra) Judge Chief Justice Chandra