Facts
The petitioners, graduates in B. Opto. from Shri Rawatpura Sarkar University, sought employment as paramedical staff but were prevented from participating in the selection process because they lacked active registration with the Chhattisgarh Paramedical Council and were not entered in its State register.
Source reference: p. 3They alleged that the Council had refused to register them and sought directions for registration and certificates of practice.
Source reference: pp. 3–4The respondents submitted that the University was established under the Chhattisgarh Private Universities Act, 2005, and was empowered to award degrees under the University Grants Commission Act, 1956.
Source reference: p. 4Issues
Whether the Chhattisgarh Paramedical Council should be directed to register the petitioners, who held degrees awarded by Shri Rawatpura Sarkar University.
Source reference: pp. 3–4, 7Whether the Council should issue the petitioners certificates of practice.
Source reference: pp. 3, 7Law Applied
Section 23 of the Chhattisgarh Sah Chikitsa Parishad Act, 2001 empowers the Council to maintain the State Register of Paramedical Practitioners and perform related regulatory functions.
Source reference: pp. 5–6Section 24 provides that a qualification from a paramedical institution established, or offering a new or higher course, without the State Government’s prior permission is not a recognised qualification for the purposes of the Act.
Source reference: pp. 5–6Section 40 permits the Council to prohibit entry in, or order removal from, the State Register on specified grounds, including a relevant criminal conviction or a finding of infamous professional conduct, after giving the person a reasonable opportunity to be heard.
Source reference: p. 6The Court also referred to Section 22(1) of the UGC Act, 1956, as the basis on which the University had awarded the petitioners’ degrees.
Source reference: p. 7Reasoning
The Court treated the University’s authority to award degrees under Section 22(1) of the UGC Act and the Council’s responsibility for maintaining the paramedical register as sufficient grounds to direct registration.
Source reference: p. 7Although the Court set out Section 24, it did not separately determine whether the petitioners’ course or institution had the State Government permission required by that provision.
Source reference: pp. 5–7Instead, it ordered registration and issuance of practice certificates, while preserving the Council’s power under Section 40 to prohibit the entries if it found that the petitioners had obtained their degrees unfairly.
Source reference: p. 7Holding
The High Court disposed of the writ petition and directed the Chhattisgarh Paramedical Council to enter the petitioners’ names in its register and issue the requisite certificates of practice.
The Council may prohibit their entries under Section 40 of the 2001 Act if it finds that their degrees were obtained unfairly.
Source reference: p. 7Acts & Sections Cited
8 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Chhattisgarh Sah Chikitsa Parishad Act,20016
University Grants Commission Act, 19562
Original Court PDF
ANITAvsSTATE OF CHHATTISGARH
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