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3- The undisputed facts on record are that the NRHM Programme has been conceived by the Government of India and is being implemented and executed by the State Government through Special Purpose Vehicles created at the State level and also at the District level in the form of State Health Society and District Health Societies registered under the Societies Registration Act. These societies have been entrusted with the work relating to the NRHM under the Project Implementation Plan (in short, PIP). The PIP is approved by the Government of India. The society at State level and District level are executing the work of NRHM as additional support to the mainstream Health Care System of the State Government to run Medical, Health and Family Welfare Department by introducing NRHM. The Government of India had tried to improve deficient health system of the State of U.P. by providing necessary funds, medicines with liberty to engage the doctors having degree of Unani, Homeopath and Ayurved medicines. The PIP is prepared by the State authorities with the active participation of Mission Director, State Project Management Unit (in short, S.P.M.U.), State Health Society of the NRHM U.P. 4- It is not disputed that right from 2005 i.e. from beginning of NRHM scheme the Male, Famale qualified Ayush doctors and pharmacists were appointed on contract basis and their tenure of service have been renewed after the grant provided by the Government of India subject to satisfactory work. It has further been admitted by the opposite parties that a memorandum of understanding has been entered into between the Central Government and the State Government, inter alia, provides that the Ministry of Health and Family Welfare, Government of India shall provide resources to support implementation of an agreed State NRHM Sector Programme Implementation Plan. According to memorandum of understanding, Project Implementation Programme is prepared at State level to implement NRHM Programme with due approval of Central Government. With regard to years 2011-2012, plan has been sent to Government of India and the approval is awaited according to Para 8 of the counter affidavit filed by Mohd. Mustafa, the Mission Director of S.P.M.U. 5- While filing affidavit, it has been specifically pleaded that in the PIP for 2011-2012, provision for Male Ayush doctors and pharmacists has not been made. For convenience, Para 8 of the Counter affidavit filed by Shri Mohd. Mustafa, Mission Director of S.P.M.U is reproduced as under:-

State Requirement of HR Contract for whole month On call MBBS/BDS ISM Male ISM Female Nurs e s ANMs Paramedicals-Lab tech/ECG Tech/X-ray Tech/Physio. Opto/Refract, Data Assistant/computer operator at Dhs ISM Pharmacists Santioned Under NRHM (2010-2011) Contractual engagement so far through NRHM (2010-2011) Proposed filling up of vacancies for (2011-2012) Additional Contractural engagment proposed under NRHM for 2011-2012 It was evident, that there is an acute shortage of specialists in the state and in spite of various efforts at public service commission level, the post graduate doctors are not willing to join the Government sector. Therefore, it has been decided to increase the honorarium in the rural areas, so as to attract them to join contractual appointments under NRHM. HUMAN RESOURCE REQUIREMENT-RATIONALE AND FACILITY WISE DISTRIBUTION ANH-

38- Public Interest Litigation shall be those litigation where private dispute is not involved and the petitioner approach the Court under writ jurisdiction exclusively in Public Interest Litigation, but in case a petition is filed to resolve private dispute, then while deciding the private dispute, Courts are not precluded to take into account the ground realities keeping in view the Public Interest Litigation.

NRHM SCHEME 39- Before proceeding to decide the issue with regard to petitioners' continuity in service, it shall be appropriate to deal with NRHM scheme and Operational Guidelines updated as on 13.5.2011 filed with the rejoinder affidavit in Writ Petition No. 769 (S/B) of 2011. The preamble of NRHM scheme provides that it is meant to develop and improve the quality of life of citizen and to adopt a synergistic approach by relating health to determinants of good health viz. segments of nutrition, sanitation, hygiene and safe drinking water. It also aims at main- streaming the Indian systems of medicine to facilitate health care. The goal of the Mission is to improve the availability of any access to quality health care by people, especially for those residing in rural areas, the poor, women and children. It further reveals that public health expenditure in India has declined from 1.3% of GDP in 1990 to .9% of GDP in 1999. The Union Budgetary allocation from health is 1.3% while the State' Budgetary allocation is 5.5%. The Curative services favour the non-poor: for every Rs. 1 spent on the poorest 30% population, Rs. 3 is spent on the richest quintile. Data also provides that 40% of hospitalized Indians borrow heavily or sell assets to cover expenses and over 25% of hospitalized Indians fall below poverty line because of hospital expenses. The NRHM scheme seeks to provide effective healthcare to rural population throughout the country with special focus on 18 states, which have week public health indicators and/or weak infrastructure. The National Rural Health Mission-Vision, Goal and strategies seems to revolutionary. It also defines the role of State Government of Main-streaming Ayush doctors. The Mission (2005-2012) contains broader details and reasons which is necessitated for the Union Government to enforce the Scheme throughout the country particularly in 18 Districts which includes Uttar Pradesh where health system and programmes are not upto the mark. Relevant headings of the scheme are as under:-

66- Thus, it is evident that the right of the petitioners co-relates not only with the appointment letter but also with the terms and conditions given in the NRHM scheme. Subject to satisfactory discharge of duty, they have right to continue in service.

67- An argument is also advanced by some of the petitioners' counsel that State and the Mission authorities are not appointing Male Ayush doctors for extraneous reasons to misappropriate funds by making fake appointment but no material has been placed on record. However, such possibility may be removed by making the system more transparent. Every appointment and financial transaction under the NRHM scheme be placed on website with all particulars, name, address, post/designation, salary, tenure of appointment etc. Salary to all the employees whether contractual or regular under NRHM scheme must be paid and transferred to the Bank Account of the respective employee. Government of India is directed to make necessary amendment in the NRHM scheme and its Operational Guideline forthwith and ensure its compliance by making the governance of NRHM scheme transparent.