Viyata Chanda Vs State of Chhattisgarh

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1

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2025:CGHC:3024-DB

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 427 of 2025

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Viyata Chanda C/o Mrinal Kanti Chanda Aged About 37 Years R/o 321, Phase 2, Harimodal Nursery School Rajkishore Nagar, Lingiyadih, Bilaspur, Chhattisgarh 495006

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... Petitioner(s)

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versus

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1. State of Chhattisgarh Through Principal Secretory, Department of Public Health and Family Welfare, Mahanadi Bhawan, Naya Raipur Atal Nagar, Chhattisgarh, 495001

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2. Secretory National Medical Commission, Pocket 14 Sector 8, Dwarika Phase 1, New Delhi.

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3. Secretory Rehabilitation Council of India, NRCP Colony, Block B Qutab Institutional Area, New Delhi, Delhi, 110016

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4. Dean and Medical Superintendent Chhattisgarh Institute of Medical Sciences (CIMS), Gol Bazar, Bilaspur, Chhattisgarh 495001

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...Respondent(s)

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Digitally signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date: 2025.01.17 19:06:14 +0530

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For Petitioner	:	Mr. Himanshu Pandey, Advocate.
For Respondent/State	:	Mr. Shashank Thakur, Deputy Advocate General.
For Respondent No. 2	:	Mr. Samarth Singh Marhas, Advocate on
		behalf of Mr. R.S. Marhas, Advocate.

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2

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board

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Per Ramesh Sinha, Chief Justice

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17. 01.2025

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1. Heard Mr. Himanshu Pandey, learned counsel for the petitioner through video conferencing. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State and Mr. Samarth Singh Marhas, learned counsel holding the brief of Mr. R.S. Marhas, learned counsel, appearing for respondent No. 2.

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2. The present petition has been filed by the petitioner with the following prayers:

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“ A. To declare the clause 3 entry No. 11, column No. 5 of gazette notification dated 09.11.2024 issued by order and in the name of governor by special secretory, department public health and family welfare, State of Chhattisgarh unconstitutional and void to the extent of providing the qualification recognized by the National Medical Commission.

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B. To direct respondent No. 4 to consider the application of petitioner for the post of Clinical Psychologist in the CIMS Hospital.

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C. Grant any other relief as deemed fit and proper in the facts and circumstances of the case. ”

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3

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3. From perusal of the prayer made in the present petition, it transpires that the prayer is defective one as there are certain grammatical and spelling mistakes, which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner, to which learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer.

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4. Learned State counsel and learned counsel, appearing for respondent No. 2, have no objection.

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5. In view of the submission made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 2,000/- as cost by the petitioner in the Registry of this Court within a period of one week from today and the said amount shall be transmitted to the Government Special School for Visual & Hearing Impaired, Bilaspur.

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Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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Brijmohan

Viyata Chanda v. State of Chhattisgarh

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Viyata Chanda v. State of Chhattisgarh

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