Madhya Pradesh High Court
Association Of Modern Ayush Doctors ... vs The State Of Madhya Pradesh on 2 November, 2020
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 WP-15301-2020
The High Court Of Madhya Pradesh
WP-15301-2020
(ASSOCIATION OF MODERN AYUSH DOCTORS SAMITI THRU ITS PRESIDENT DR. YOGESH TARAN Vs
THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 02-11-2020
Heard through Video Conferencing.
Shri Deepak Kumar Singh, learned counsel for the petitioners.
Shri V. S. Choudhary, learned PL for the respondent/State.
Shri B. D. Singh, learned counsel for respondent nos.2 & 3. Heard.
Petitioner Association has filed the present petition making a prayer that National Health Mission, M.P. has issued an Advertisement for position of Community Health Officer. Educational qualifications which is prescribed for Community Health Officers is B.Sc. (Nursing) or Post Basic B.Sc. (Nursing) for integrated certificate course in Community Health recognized by Indian Nursing Council, New Delhi.
Learned counsel for the petitioner had made a prayer that applications are not invited from persons holding BAMS Doctors Degree. It is submitted that the National Health Mission, M.P. may permit BAMS Doctors to participate in the recruitment process for appointment of Community Health Officer as per Advertisement dated 16.9.2020.
Learned counsel for the National Health Mission, M.P. submitted that an identical petition raising similar grievance was filed before the Indore Bench of this Court bearing W.P No.11079/2019. The said writ petition was dismissed vide order dated 4.7.2019. In the said writ petition the Advertisement dated 15.5.2019 was called in question where applications were invited for B.Sc (Nursing) qualified women candidates. The petitioners had also made a prayer for direction that persons who have BAMS Doctors Degree may also be permitted so that they can file applications for Bridge Course which programme and certificate in Community Health. The said writ petition was dismissed by the Single Bench on the ground that it is a 2 WP-15301-2020 policy matter of the State Government to invite applications and impart training which needs no interference by this Court. The Scheme (Annexure P/2) reflects that Advertisement provides separately for nurses and Ayurvedic Practitioners. Reply of respondent no.4 discloses that different States are inviting the applications in phased manner as per their own policy and State of Maharashtra has excluded the candidates of Nursing and GNM qualification and has invited only applications from BAMS practitioners initially.
Having regard to the said circumstances, the aforesaid writ petition was dismissed as the said action was not considered to be arbitrary and it was according to the scheme of the Central Government.
In this case the petitioner had made a request that candidates who are BAMS may be permitted to participate for appointment to the post of Community Health Officer. It is for the employer to decide the qualifications which are required for appointment to a particular post. The petitioner cannot file a petition for giving directions to the employer to permit BAMS Ayurvedic practitioners to participate in the recruitment process of Community Health Officer. It is policy decision of the State Government. Earlier also similar writ petition filed by Association of Modern Ayush Doctors has been rejected by order dated 4.7.2019.
Considering the aforesaid facts and circumstances of the case, there is no merit in the writ petition filed by the petitioner.
Writ petition, filed by the petitioner/Association is dismissed.
(VISHAL DHAGAT) JUDGE mms MONSI M Digitally signed by MONSI M SIMON DN: c=IN, o=HIGH COURT OF MP, ou=HIGH COURT OF MP, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=b7a13d854f2b056ad70e55fc14df62a077ba6 SIMON bb803b926572a35493c4e4d4e53, cn=MONSI M SIMON Date: 2020.11.04 11:52:54 +05'30'