LEKHRAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As common issue is involved in above writ appeals, therefore, they were heard together and are being disposed of by this common judgment. For appreciating the contentions raised in these writ appeals, we would refer to the pleadings and documents in Writ Appeal No. 27/2021, arising out of WPS No. 3961/2020.

(2.) Challenge in these writ appeals is to the common order dtd. 28/1/2020 passed in WPS Nos. 3961/2020 and 3962/2020 whereby learned Single Judge allowed writ petitions and set aside advertisement dtd. 21/9/2020 issued by respondent No. 3 for appointment on the post of Community Health Officers.

(3.) Facts relevant for disposal of these writ appeals are that on 26/5/2020 respondent No. 3 issued an advertisement for appointment of 'Community Health Officers' in different Districts of the State of Chhattisgarh, providing reservation of seats to the candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes categories. Ayush Graduates have been excluded from applying in recruitment process, therefore, writ petitions were filed challenging said advertisement on the grounds that the same is contrary to Clause 11.4 of the National Health Policy and Guidelines issued by the Central Government; it is discriminatory in nature and violates right of Ayush Graduates to be considered in public employment. Advertisement dtd. 26/5/2020 was put to challenge by filing WPS Nos. 2539/2020 and 3107/2020, which were allowed and advertisement dtd. 26/5/2020 came to be quashed holding that it causes deprivation to classes of people who are otherwise eligible. Respondent No. 3-National Health Mission filed writ appeals assailing the common order passed in aforementioned writ petitions. Subsequently, writ appeals were withdrawn by respondent No. 3 on the ground that appropriate steps are being pursued so as to meet the need of hour.