MOHAMMED RAJ Vs. MINISTRY OF HEALTH AND WELFARE

JUDGEMENT

(1.) PETITIONERS claim that they are all diploma holders in what is known as Vocational Curriculum for +2 Basic Heath workers (Male ). W. P. No. 1568-80/2002 (GM-Res) dated 11th July 2003 it is the case of the petitioners that the Government of Karnataka is conducting such vocational courses and the petitioners have undergone such course and they have been conferred with such diploma. The object of such course is to train candidates who can create awareness in health and hygienic conditions in rural areas for taking preventive measures to prevent the spread of communicable diseases and generally to improve the living standard of people by educating about the health and hygienic aspects. It is claimed that the petitioners are also trained for treating minor ailments, recognition of medical emergencies in remote rural areas, where even basic medical facilities are not available or there do not exist any regular medical centres for attending to the minor health conditions of such people in such remote areas and are capable of doing it and a host of other activities wherein otherwise regular medical practitioners could have attended to and are not available. The course gives them exposure to subjects like Anatomy and Physiology, Behavioral Science, nutrition etc, as also the subjects like elements of microbiology, health and vital statistics, control of communicable diseases, public health administration, first aid and emergency care, health education, general foundation course, environmental sanitation, basic medicine and pharmacology, maternal child health and family welfare, developing the ability to recognize and treat minor ailments etc. etc. , that they are also trained to recognise the common drugs and their use in treating various ailments and after completing such course they have been given job oriented pre-University Diploma and are given designation as Multi Purpose Basic Health Worker (Male ).

(2.) THE present grievance of the petitioners in these Writ Petitions is that in view of acquiring such qualifications petitioners who are unemployed and have represented to the respondents requesting them that they should be recognised such as medical practitioners entitled to practice in rural areas or they should be given suitable job or they should be provided with registration certificate which can enable them to practice like holders of MBBS degree or even holder of diploma in medicine and that they should be recognised on par with such medical practitioners for the purpose of appointing them to man Rural Health Centres, are not favoured with any reply from the respondents. Respondents having not either heeded to their demands or not even having responded to their request, petitioners have approached this Court praying for issue of a writ in the nature of mandamus to direct the respondents to consider the representation dated 20. 10. 2001 said to have been given to the respondents and for passing appropriate orders or take suitable decision on the same.

(3.) LEARRED Counsel for the petitioners has made a passionate submission that the petitioners have acquired skills on par with any medical practitioners, that they also have exposure to patients at hospitals and have undergone training for two years and as such it is only proper for the Government to either provide them with suitable job opportunities by engaging them in Rural Health Centres or permit them to practice their skills by recognising them as Rural health Practitioners at Primary Health Centres.