(1.) IN these bunch of writ petitions, common questions of fact and law are involved, hence with the consent of the parties, writ petitions are decided by the present common judgment. FACTS
(2.) PETITIONERS possess BAMS, BHMS and BUMS degrees and the degree with regard to pharmacist from recognized colleges and entitled to practice and discharge their obligations in accordance to statutory provisions. They were appointed under the scheme framed by the Government of India implemented by State of U.P, namely National Rural Health Mission (2005-2012) (in short NRHM) by the State authorities. The scheme commenced in the year 2005 and sheduled to continue upto 2012. The NRHM scheme is wholly financed by Government of India as additional grant to improve health and hygienic condition of the State of U.P. The Government of India is continuing with the original scheme and provided sufficient fund but the State authorities took a decision to discontinue the service of Male Ayush doctors and pharmacists. Being aggrieved with the decision of the Government, the petitioners have preferred the present bunch of writ petitions.
(3.) WHILE filing affidavit, it has been specifically pleaded that in the PIP for 2011-2012, provision for MaleAyush 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: "Para 8: That it is in this background that a Memorandum of Understanding has been entered into between the Central Government and State Government which inter alia provides that the Ministry of Health and Family Welfare, government of India will provide resources to support implementation of an agree State NRHM Sector Programme Implementation Plan (PIP). According to said Memorandum of Understanding, the State Programme Implementation Plan is prepared at the State Level and the NRHM Programme is thus implemented and executed only after its approval by the Central Government. It is relevant to point out at this juncture that the Project Implementation Programme for the financial year 2011-2012 has been prepared by the State Programme Management Unit and has been sent to Government of India for its approval. In the said PIP, for valid reasons to be stated hereinafter, provision for having male Ayush Doctors and Pharmacists has not been made. However, the decision regarding approval of PIP submitted to the Central Government is pending before the Government of India and as such any intervention/ interference by this Hon'ble Court in the present writ petition at this juncture, that is to say, before any decision on approval of the PIP by the Government of India would be premature and hence the same is not called for. Thus, the writ petition is not maintainable because this reason also and the petitions are liable to be dismissed as premature."
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