1 of 9 904.WP.2274.2021.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2274 OF 2021 WITH INTERIM APPLICATION NO.3446 OF 2025 AND INTERIM APPLICATION NO.3447 OF 2025 AND INTERIM APPLICATION NO.3448 OF 2025 IN WRIT PETITION NO.2274 OF 2021 1. Dr.Renuka Ramchandra Ghonge, Age 35 years, R/o.Panchayat Samiti, Tal.Chandvad, Dist.Nashik. 2. Dr.Mangesh Chandrakant Moule, Age 32 years, R/o.Panchayat Samiti, Tal.Chandvad, Dist.Nashik. 3. Dr.Shilpa Ramesh Girgosavi, Age 32 years, R/o.Panchayat Samiti, Tal.Peth, Dist.Nashik. 4. Dr.Deveshri Vinay Kumavat, Age 33 years, R/o.Panchayat Samiti, Tal.Surgana, Dist.Nashik. 5. Dr.Vinay Subhash Kumavat, Age 38 years, R/o.Panchayat Samiti, Tal.Surgana, Dist.Nashik. 6. Dr.Abhijeet Vasantrao Deshmukh, Age 27 years, R/o.Panchayat Samiti, Tal.Yeola, Dist.Nashik. 7. Dr.Tushar Ulhasrao Baviskar, Age 38 years, R/o.Panchayat Samiti, Tal.Yeola, Dist.Nashik. 8. Dr.Nitin Manikrao Jadhav, Age 36 years, R/o.Panchayat Samiti, Tal.Yeola, Dist.Nashik. 9. Dr.Hanuman Ramchandra Palave, Age 39 years, R/o.Panchayat Samiti, Tal.Yeola, Dist.Nashik. 10. Dr.Akshay Ramesh Solpure, Age 27 years, R/o.Panchayat Samiti, Tal.Yeola, Dist.Nashik. Petitioners versus 1. The State of Maharashtra through its Secretary, Ministry of Health and Family Welfare, Mumbai. 2. The State of Maharashtra through Secretary, Department of Rural Development, Mumbai. 3. Director of Health Services, Saint George Hospital Compound, Mumbai. 4. The Commissioner of Health Services and Director of NHM. 5. The Civil Surgeon, Civil Hospital, Nashik. 6. The District Collector, Nashik. 7. The Chief Executive Officer, Zilla Parishad, Nashik. M.S.Thatte MANISH SURESHRAO THATTE Digitally signed by MANISH SURESHRAO THATTE Date: 2026.08.18 10:24:06 +0530 2 of 9 904.WP.2274.2021.DOC 8. The District Health Officer (DHO), Zilla Parishad, Nashik. Respondents _______ Mr.Pramod Kulkarni for Petitioners. Mr.S.H.Kankal, AGP, with Mrs.R.A.Solanke, AGP, for Respondent-State. Ms.Bhairavi A.Panpise for Respondent nos.7 and 8. _______ CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 6th August 2026 P.C. 1. This petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs : “A) The writ petition may kindly be allowed; B) Nissi record and proceeding may be called for; C) The Hon’ble Court be pleased to direct the respondents to regularize the services of the present petitioners on the post where they are presently working; D) The Hon’ble Court be pleased to direct the respondents to pay the petitioners as per M.B.B.S doctors. (E-1) The Hon’ble Court may kindly be pleased to quash and set aside the impugned order issued by the respondent no.1 dated 6th March 2024; (E-2) The Hon’ble Court be pleased to direct the respondent no.1 to 3 to increase number of posts of BAMS doctors upto 1000 as per the Government resolution dated 26.05.1981 in the advertisement 1/2024 issued by the respondents; (E-3) The Hon’ble Court be pleased to direct the respondents to recall the orders issued to the MBBS doctors at Primary Health Centres as per advertisement No.1/2024 issued by the respondents.” 2. The facts lie in a narrow compass. The Petitioners were appointed some time in the month of August-2019 i.e. pre Covid-19 pandemic as Group-A Medical Officers to work at the Public Health Centres (`PHCs’) in rural areas in the Nashik M.S.Thatte 3 of 9 904.WP.2274.2021.DOC District, which is under the control of Zilla Parishad, Nashik. The Petitioners possess qualifications of having a Bachelor of Ayurvedic Medicine (BAMS). It is not in dispute that the said appointments were on a contractual basis for a period of eleven months. However, it is the Petitioners’ case that thereafter they were continued from time to time. 3. During the pendency of the petition, it is not in dispute that an advertisement was issued to fill up the posts on contractual basis of Group-B Medical Officers, in which the Petitioners participated and were selected. As informed to us by the learned AGP that as on date, the Petitioners are working in rural areas on such poss as Group-B Medical Officers. It is the Petitioners’ contention that there are posts which are available and always there is a need to have regular Medical Officers in Group-A and B appointed to man such posts of Medical Officers in rural areas and more particularly in interior areas where no medical help is otherwise available. It is therefore Petitioner’s case that they are catering to the areas which are tribal areas and interior pars of the Nashik District. 4. It is also their case that they have discharged important functions during Covid-19 pandemic period and they have been continued to discharge their duties for almost a period of six years, however, on ad-hoc/temporary basis. The plea of the Petitioners is that the State Government needs to take a policy decision to absorb the Petitioners. To support such plea, the Petitioners intend to rely on Government Resolution dated 26th May 1981 under which a quota of 25% which is now increased to 33% for BAMS Doctors at every PHC, has been provided for. On such posts which are supposed to be manned and held by BAMS Doctors, the M.S.Thatte 4 of 9 904.WP.2274.2021.DOC State Government cannot appoint MBBS Doctors, is the plea of Petitioners. It is also their contention that insofar as PHCs are concerned, both the MBBS and BAMS Doctors are performing similar work and their nature of work is identical. It is also Petitioners’ contention that there ought not to be a policy of the Zilla Parishad or in any manner supported by the State Government, on such contract appointments that they should be replaced by another contract appointments. It is submitted that, it is high time that the State Government takes a policy decision to make regular appointments of the Petitioners to discharge their duties on such posts of Group-A and B Medical Officers for a long period. 5. The Petitioners’ contend that in this regard proposals were forwarded by the District Health Officer, Nashik and the same are pending consideration. It is also the Petitioners’ case that by Government Resolution dated 16th March 2024, as a one time measure, some Doctors who have put in two years of service, their services were regularized. Hence, the Petitioners who are similarly placed ought to have been regularized. As also considering the fact that Ayurvedic Doctors were already appointed and their services have been absorbed as also MBBS Doctors who rendered two years of service, were absorbed. It is in such complexion of the matter, which fall for our consideration. 6. On the other hand, the plea of the State Government as stated by learned AGP and on behalf of the CEO of Zilla Parishad, Nashik is that the appointments of the Petitioners were made in 2019 for eleven months on contract basis, and after expiry of eleven months, the Petitioners were again appointed from time to time. The Petitioners do not have any legal right as they would be required M.S.Thatte 5 of 9 904.WP.2274.2021.DOC to participate in the exercise of regular selection which would be made. It is also their contention that during pendency of this petition, a fresh advertisement was issued for filing up the posts of Group-A Medical Officers where the Petitioners participated and hence the original plea as made in the petition also cannot be considered. Insofar as Petitioners’ plea in regard to absorption/regularization is concerned, it is submitted that such plea ought not to be accepted. As and when process for filing up of the posts of Group-A and B posts is undertaken, the Petitioners will have liberty to participate in the said process. 7. We have heard learned counsel for the parties on the different issues as urged. With the assistance of the learned counsel for the parties we have perused the record. We find that there are three Interim Applications which are filed and prayers in the Interim Applications are required to be noted : “Interim Application No.3446 of 2025 : A) The Civil Application may kindly be allowed; B) The Hon’ble Court be pleased to direct the respondent to not to issue any appointment orders to other Doctors in place of the present applicants; C) Pending hearing and final disposal of this Civil Application, the Respondents be directed to not to terminate the services of the present Applicants. Interim Application No.3447 of 2025 : A) The Civil Application may kindly be allowed; B) The Hon’ble Court be pleased to direct the respondent to not to issue any appointment orders to other Doctors in place of the present applicants; C) Pending hearing and final disposal of this Civil Application, the Respondents be directed to not to terminate the services of the present Applicants. Interim Application No.3448 of 2025 : A) The Civil Application may kindly be allowed; B) The Hon’ble Court be pleased to direct the respondent to not to issue any appointment orders to other Doctors in place of the present applicants; C) Pending hearing and final disposal of this Civil Application, the Respondent be directed to not to terminate the services of the present applicants.” 8. Having given our anxious consideration to the facts and circumstances of the case, we are of the clear opinion that there cannot be two opinions that need M.S.Thatte 6 of 9 904.WP.2274.2021.DOC for Group-A and B Medical Officers certainly exists to man the PHCs in rural areas. This is requires urgent attention on the part of State Government as also the Zilla Parishad. It cannot be that for years together and in the present case since the year 2019, regular posts although available are not filled. Vide Government Resolution dated 26th May 1982 quota for BAMS doctors is prescribed and once such quota is fixed and posts are available and when there is perennial need of the basic facilities to be made available at the PHCs, it cannot be a situation that such post are lying vacant or no appointments are made or for that matter contractual appointments are made. Such method of making ad-hoc appointments insofar as medical officers are concerned, is counter productive for appropriate administration of medical services in the rural areas. Thus, it is necessary to have urgent attention to such subsequent aspects which are of concern for the basic health requirements of the citizens who reside in the rural areas and more particularly in the areas under the Zilla Parishad, Nashik large parts of which are tribal areas, where basic medical services to be made available is paramount. We thus do not appreciate this regime of ad-hocism. 9. We find that at some juncture the State Government in its wisdom had found it proper to regularize some of the MBBS Doctors in Group-A as also BAMS Doctors. However, this was a one time measure. As to why medical officers like the Petitioners are appointed and who are already serving in the rural areas and when there is no issue in regard to their discharging duties as if they are regularly appointed candidates, a policy to absorb their services ought not to be taken and as a one time measure. If not, at least it would be necessary for the Zilla Parishad as M.S.Thatte 7 of 9 904.WP.2274.2021.DOC also the State Government to undertake regular and continuous recruitment of these posts as and when they fall vacant. Keeping the posts vacant for being filled up by contractual appointments, is certainly not conducive. It would also not be a fair approach to continuously appoint medical officers on contract basis. This has a very serious effect on the system. The effect is that those who are appointed on contractual appointment are required to be continued for substantial period and on year to year basis. In accepting such appointments, the contractual medical officers lose other avenues of employments which otherwise are available to them else where. It is also likely that some of the appointees appointed from time to time get age barred. It is also possible that when after long years of ad-hoc/contractual services and if discontinued, such medical officers may be rendered unemployed. Thus, any delay in making regular appointments is, in our opinion, something which is against public interest. 10. Today, certainly the Petitioners are are working although on ad-hoc/contractual basis on the group-B posts. In such situation, the posts which are held by the petitioners, although on contract basis, are otherwise available. It is for such reason we are of the opinion that actual requirement in regard to the PHCs is required to be ascertained, which would include creating posts including to consider whether existing contractual posts can be made regular poss, which require due consideration of the higher authorities. The fact further remains that the Petitioners who have been appointed on contractual basis or on ad-hoc basis, cannot be replaced by other contractual medical officers They need to be continued either by allowing them to participate in the regular selection process or M.S.Thatte 8 of 9 904.WP.2274.2021.DOC in the alternative it is open to the State Government to consider whether the Petitioners can be absorbed in service as one time measure, which would require a policy decision on the part of the State Government considering long years of service rendered by the Petitioners on Group-A and B post. Once the Petitioners were appointed on Group-A posts, which were meant for MBBS Doctors and thereafter accepted contractual appointments as Group-B officers, certainly there was no doubt about the eligibility and competence of the Petitioners to undertake the work which is being discharged in Group-A and B posts. However, strictly it is not being disputed that the Petitioners being BAMS Doctors are eligible to be absorbed/regularized on the post of Group-B medical officers. The State Government needs to take appropriate decision as expeditiously as possible including on the regularization of the Petitioners. We are inclined to dispose of the petition in terms of the following order : ORDER (i) The Petitioners shall continue to hold the posts as held by them as of today and they ought not to be replaced by other ad-hoc/contractual appointees; (ii) The State Government is directed to consider as to whether the Petitioners can be granted absorption/regularization on any vacant post and as a one time measure, as was resorted to in the case of MBBS Doctors as also BAMS Doctors; (iii) All contentions of the parties in that regard are expressly kept open; M.S.Thatte 9 of 9 904.WP.2274.2021.DOC (iv) The decision that may be taken by the State Government be passed after hearing the Petitioners and in the peculiar facts of the case and after granting to the Petitioners an opportunity of being heard; (v) The writ petition stands disposed of in the above terms. No costs. (vi) The Interim Applications would not survive They also stand disposed of. (AARTI SATHE, J.) (G. S. KULKARNI, J.) M.S.Thatte