ZAFAR EQBAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since the common issues are involved in all these writ petitions, they are tagged and heard together.

(2.) In the State of Jharkhand AYUSH Doctors are working on contractual basis since very long. After bifurcation of the State, no steps have been taken for regular appointmet of AYUSH Doctors. In view of order passed by this Court in W.P.(S) No. 1734 of 2009, a Notification was issued on 6/1/2021, though not made public in in view of derth of AYUSH Doctors in the State of Jharkhand and as also no regular appointments have been made till date, a decision was taken to consider for relaxation of seven years' as a one time measure for those who are working for more than five years. It is an admitted fact that in the State of Jharkhand no regular appointments have been made for the post of AYUSH Doctors since very inception i.e. the year 2000 when State of Jharkhand came into existence.

(3.) The law is well settled that there cannot be class amongst the class. The AYUSH Doctors cannot be distinguished by considering cases of those who have worked for five years and disallowing the claim of those who have worked for more than 10 years. The approach of the State is wholly arbitrary and irrational. Equal opportunity has to be given to all the contractual AYUSH Doctors who have been working in the State of Jharkhand as on date and may be considered by giving age relaxation as a one-time measure.