AYUSH MEDICAL ASSOCIATION Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) Challenge in these petitions is to the advertisement dated 26.05.2020 (Annexure P-1) which was for appointment of Community Health Officer (hereinafter referred to as "CHO") under the National Health Mission in the State of Chhattisgarh. The relevant part of the advertisement with respect to the eligibility qualification and the part of advertisement which restricts the right to apply to the other degree holder apart from nursing is under challenge, the relevant part of the advertisement is reproduced hereinbelow:- ....[VARNACULAR TEXT OMITTED]...

(3.) Learned counsel for the petitioners would submit that the scheme of the appointment for CHO is that certain prospective candidates having specified degree as laid down by the Central Government have to apply. Thereafter, they have to undergo a training from the Indira Gandhi National Open University (IGNOU) according to the National Health Policy, 2017 (Annexure P-2) and thereafter, the CHO are to be appointed according to the merit. It is contended that in the advertisement under challenge, the AYUSH doctors have been eliminated even to apply for the post, whereas the National Health Policy purports that for mid level service providers, the AYUSH doctors are also entitled to apply. It is further contended that on the earlier occasion too on 20.11.2019 an advertisement vide Annexure P-2 was for appointment of CHO, wherein also the AYUSH doctors were deprived to apply. The said advertisement was subject of challenge in WPC No.304 of 2020 (Annexure P-4) wherein notices were issued on 23.01.2020 and without filing reply in such petition again afresh advertisement has been made. It is stated again the petitioners, who are the AYUSH degree holders are deprived to apply for the post of CHO, therefore, the said advertisement is arbitrary as the National Health Policy allows the AYUSH degree holders to apply for the post of CHO. It is further contended that by such advertisement right to apply for particular post is illegally been taken away.