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Petitioners in the present writ petition are qualified AYUSH doctors who have requisite degree in the field of Ayurved, Unani, Homoeopathic etc. They have approached this Court challenging an advertisement issued by the State of Uttar Pradesh on 7th May 2019, whereby applications have been invited from a specified category of applicants for admission to six months bridge course for the purposes of filling up six thousand posts of Community Health Officers. Petitioners are aggrieved by the advertisement in so far as it restricts the zone of consideration to Nurses and GNM (General Midwifery/Nursing) registered with the U.P. Nursing Council alone and excludes AYUSH doctors.

"Mid-Level Service Providers: For expansion of primary care from selective care to comprehensive care, complementary human resource strategy is the development of a cadre of mid-level care providers. This can be done through appropriate courses like a B.Sc. in community health and/or through competency-based bridge courses and short courses. These bridge courses could admit graduates from different clinical and paramedical background like AYUSH doctors, B.Sc. Nurses, Pharmacists, GNMs, etc and equip them with skills to provide services at the sub-centre and other peripheral levels. Local based selection, a special curriculum of training close to the place where they live and work, conditional licnesing, enabling legal framework and a positive practice environment will ensure that his new cadre is preferentially available where they are needed most, i.e. in the under-served areas."

Petitioners submit that while referring to holding of bridge courses the national policy clearly admits graduate from different clinical and paramedical backgrounds including AYUSH doctors also and, therefore, there exclusion for admission to bridge course is contrary to the policy of the Central Government.

A counter affidavit has been filed on behalf of the respondents stating therein that initially there was a proposal to include AYUSH doctors also to be permitted to practice western medicine to a limited extend, but after due deliberation, the Central Government has dropped this move. It is also stated that the policy of the Central Government merely specifies the zone of consideration to include AYUSH doctors but ultimately it is left for the State Government to finalize as to who are the persons required to act as Community Health Officers.

A perusal of the National Health Policy would clearly go to show that a comprehensive plan has been laid by the Central Government for extending medical facilities to citizens through out the country. Care has been taken to include far of areas also in addition to urban and rural areas, and the Health Services are to be provided at different level. Mid Level Service Providers have been conceived to ensure expansion of primary care and for such purposes development of a cadre of mid level care providers is contemplated. These mid level service providers are expected to perform various ancillary work as per the policy. The candidates possessing B.Sc. in community health would be the appropriate persons to occupy the position. In addition to it, other qualifications have also been included after extending six months training in a bridge course. The persons who could be included in the bridge course includes AYUSH doctors B.Sc. Nurses, Pharmacists, GNMs etc. Clause 11.4 of the national policy is categorical, inasmuch as it merely illustrates the persons who could be extended necessary expertise by offering them bridge courses. Clause 11.4 uses the expression could admit graduates from the specified category which clearly demonstrates that the category included are not exhaustive and it is also not necessary that each and every category has to be included. Ultimately it remains a matter of policy for the State to decide as to which category of persons are immediately required to be extended bridge course for appointment to the post of Community Health Officer. The assessment of requirement at the level of State as well as policy framed in that regard would ordinarily not be interfered with unless the same is shown to be absolutely arbitrary or contrary to any statutory provision. The assessment in that regard is shown to have been made after a comprehensive evaluation of the requirement of the department at this stage. The stand of the State otherwise is that AYUSH doctors are not being excluded and it would ultimately depend upon the requirement of the department, in which scenario, they can also be included for the purposes of extending bridge course. The stand taken by the respondents adequately protects the petitioners. It is otherwise pointed out that petitioners are trained medical personals in other streams like Ayurveda, Homoeopathic, Unani etc. and the National Health Mission conceives specific role for them and their avenue of employment etc, as per the scheme, would otherwise not be adversely affected.