SANJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since common questions of law and facts are involved in these petitions, these were heard together and are being disposed of by this common judgment. Whether the reporters of the local papers may be allowed to see the judgment? Yes.

(2.) In order to maintain clarity in the facts, the facts of C.W.P. No. 2618 of 2009 are being referred.

(3.) Petitioners have completed 1 & years Certificate Course of Multipurpose Health Workers (Male) from recognized institutions. Thereafter, they have got their names registered with Himachal Pradesh Para-medical Council. The respondent- State has framed Himachal Pradesh Department of Health & Family Welfare, Male Multipurpose Health Worker, Class-III (Non-Gazetted) Recruitment and Promotion Rules, 1998. These rules were notified on 21.10.1998. The minimum qualification prescribed for filling up the post of Male Multipurpose Health Worker is matriculation with Science/Hr. Secondary Part-I pass or its equivalent from a recognized Board/Institution. These posts have to be filled up 100% by direct recruitment. The selection for appointment to the post in the case of direct recruitment is to be made on the basis of viva-voce test and if the Himachal Pradesh Public Service Commission or other recruiting authority as the case may be, so consider necessary or expedient by a written test or practical test etc.. The respondent-State has also notified the Himachal Pradesh Department of Health and Family Welfare, Female Multipurpose Health Workers Group-C (Non-Gazetted) Recruitment and Promotion Rules, 1998 on 15.12.1998. The minimum essential educational qualification, mode of filling up the post and selection process is the same as prescribed for Male Multipurpose Health Worker. However, the respondent-State has issued a notification on 25th February, 2009, whereby "Mahila Gram Panchayat Swasthya Sahayika Scheme (MGPSS), 2009 has been notified. The objective of the Scheme is to promote the role of Gram Panchayats in providing basic health care to their residents and as a part of the decentralization process. The Gram Panchayat can engage the services of Mahila Gram Panchayat Swasthya Sahayikas in Preventive Health Services and Curative Health Services. It will be apt at this stage to reproduce paragraph No. 2 of the Scheme, which reads thus: