Dr Sanjay Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(C) No. 1036 of 2016

1. Dr Sanjay Kumar S/o Shri Shiv Shankar Tiwari, aged about 47 years, R/o Priyadarshani Parisar, P.S. East Bhilai, Dist Durg (Chhattisgarh)

2. Dr. Naveen Agarwal S/o Shri Ajay Agarwal, aged about 36 years R/o House No. 17, Park Avenue Colony Jindal Road, P.S. Raigarh Dist. Raigarh (Chhattisgarh)

3. Dr. Vikas Poddar S/o Shri Pavan Kumar, aged about 31 years, R/o Poddar Dresses, Station Road, P.S. Manendragarh, Dist. Koria (Chhattisgarh) ---- Petitioners

Versus

1. State of Chhattisgarh through Secretary, Department of Health, New Mantralaya, Mahanadi Bhawan, P.S. Rakhi, District Raipur (Chhattisgarh)

2. Director, Directorate of Health Services, New Mantralaya, P.S. Rakhi, District Raipur (Chhattisgarh)

3. Director, Medical Education, Old Nursing Hostel, D K S Bhawan, District Raipur (Chhattisgarh)

4. Registrar, Ayush & Health Science University, Raipur, G.E. Road, Raipur (Chhattisgarh)

5. Director, Ayush & Health Science University, Raipur, G.E. Road, Raipur (Chhattisgarh)

6. Controller of Examination, Ayush & Health Science University, Raipur, G.E. Road, Raipur (Chhattisgarh) ---- Respondents For Petitioners :

Shri Abhishek K. Singh, Advocate For Respondents 1 to 3 :

Shri Prafull N. Bharat, Additional Advocate General For Respondents 4 to 6 :

Shri N. K. Vyas, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice P. Sam Koshy Order On Board 22.04.2016 In the present Writ Petition under Article 226 of the Constitution of India, the petitioners have assailed the correctness and legality of the

result and final merit list published on 10.04.2016 of the Chhattisgarh PrePG Examination (Medical/Dental), 2016. 2.

At the outset learned Additional Advocate General would raise a preliminary objection that the admission process for allotting seats in different discipline in the Medical Colleges of the State has been finalized after first round of counselling and the second counselling is to take place on 25th April and thereafter the third counselling will take place after the seats of All India quota are reverted back to the State quota. 3.

We repeatedly requested the learned counsel for the petitioner as to whether he is willing to implead those candidates who have already been granted admission after the first round of counseling. However, the learned counsel for the petitioner refused to implead them. 4.

In our considered opinion, those candidates who have already been admitted to the PG course in different discipline in the Medical Colleges of the State are necessary parties to the writ petition as any adverse order would affect their interest and career.

5.

The petitioner being not willing to implead them, the writ petition fails and is hereby dismissed for non impleadment of necessary parties. Sd/- Sd/- Prashant Kumar Mishra P. Sam Koshy Judge Judge Bhola