State instrumentalities must ensure requisite council approval to complete ongoing departmental para-medical training programs.

The petitioners, working as Rural Health Organizers (RHO) under the Health and Family Welfare Department, were appointed per the Chhattisgarh Health and Family Welfare Department Non-ministerial Para-medical and Nursing (Directorate Health Services) Class-III Service Recruitment Rules, 2013

On 11.03.2020, the competent authority granted them permission to undergo a two-year Ophthalmic Assistant training program

After completing one year of the program, the training was stayed by an order dated 04.08.2021 on the grounds that the Chhattisgarh Para-medical Council had not approved the curriculum

The petitioners challenged this stay, seeking completion of their training

1. Whether the State authorities can be directed to complete the Ophthalmic Assistant training program that was stayed due to a lack of affiliation from the Para-medical Council

2. Whether the Chhattisgarh Para-medical Council is required to take a formal decision regarding the approval of a training program initiated by a State instrumentality

The court's reasoning was governed by the Chhattisgarh Health and Family Welfare Department Non-ministerial Para-medical and Nursing (Directorate Health Services) Class-III Service Recruitment Rules, 2013

It also applied the principle of administrative fairness and accountability for State instrumentalities, implying that when the State initiates a training program for government servants with due permission, the regulatory bodies (Chhattisgarh Para-medical Council) have an obligation to provide a clear determination on affiliation/approval

The court observed that the training program was an initiative of the State itself and the petitioners, as government servants, had entered the program only after obtaining formal departmental permission

While the State paused the program on 04.08.2021 due to the absence of approval from the Chhattisgarh Para-medical Council, the court noted that communications for such approval had been made but remained pending

The court highlighted the unfairness of leaving the employees in limbo after they had already completed half of the course (one year) in a program run by a State instrumentality

Consequently, the court determined that the deadlock between the Health Department and the Para-medical Council required a time-bound administrative resolution

The Court directed the Chhattisgarh Para-medical Council to take a formal decision regarding the approval of the training program within 120 days of the order

The petitioners were granted liberty to file representations before the Director of Health Services and the Para-medical Council within 30 days, which the authorities must decide via a speaking order within 90 days thereafter