Page No.# 1/15 GAHC010010282019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/314/2019 HELMINA KHATUN AND 7 ORS. W/O. DR. SAROWARA KAYNATH MOLLAH, VILL. SUTARPARA, P.O. SUTARPARA, P.S. MATIA, DIST. GOALPARA, ASSAM-783125. 2: LUKMAN HEKIM S/O. LT. MAFIZ UDDIN R/O. VILL. BHAIRARPAM P.O. BHAIRARPAM P.S. BAGHBOR DIST. BARPETA ASSAM-781308. 3: SANJIT DEBNATH S/O. LT. DHIRESH DEBNATH VILL. SHASTRINAGAR P.O. HUZRANGAGORA DIST. NAGAON ASSAM-782002 VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPTT., DISPUR, GUWAHATI-06. 2:THE STATE HEALTH SOCIETY REP. BY ITS CHAIR PERSON CHIEF SECRETARY ASSAM DISPUR GUWAHATI-06. Page No.# 2/15 3:THE MISSION DIRECTOR NATIONAL RURAL HEALTH MISSION SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-05. 4:THE UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE NATIONAL HEALTH MISSION NIRMAN BHAWAN NEW DELHI-110001. 5:THE EXECUTIVE DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIAN BASTI GUWAHATI-781005. 6:DR. DHRUBAJYOTI TALUKDAR S/O. LATE RABIN TALUKDAR C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 7:DR. ANJUMONI DEKA S/O. SRI JOGESH DEKA C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 Page No.# 3/15 8:DR. DHRUBAJYTI DAS S/O.KHAGEN CH. DAS C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 9:DR. BAPI CHAKRABORTY S/O. PRAVAT CHAKRABORTY C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 10:DR. MOFIDA KHATUN D/O. LATE SOBED ALI SK C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 11:DR. BISWAJIT MOG S/O. PUTU MOG C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 Page No.# 4/15 12:DR. IKBAL HASHMI S/O. RAHMAN ALI C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 13:DR. FATIMA SABNAM D/O. SIRAJ UDDIN C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 14:DR. PARAN PEGU S/O. BONGSARAT PEGU C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 15:DR. PRIYANKA BURAGOHAIN D/O. PRANAB BURAGOHAIN C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 Page No.# 5/15 16:DR. LILA DHAR DEORI S/O. INA RAM DEORI C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 17:DR. INDRANI BORAH D/O. PULIN CHANDRA BORAH C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 18:DR. BIJETA SINGH S/O. BALBHANDRA NATH SINGH C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 19:DR. JOHN LALRUATSANGA HRANGKHOL S/O. RENGSUMRITA HRANGKHOL C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 Page No.# 6/15 20:DR. SAMSINA JESMIN LASKAR D/O. NAZRUL ISLAM LASKAR C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 21:DR. KARABI KUMARI D/O. ARUN CH. KUMAR C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 22:DR. REKHA RANI KAKATI D/O. RAMESH CH. KAKATI C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 23:DR. BENU DHAR DUTTA S/O. LATE GANGADHAR DUTTA C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 Page No.# 7/15 24:DR. PRADIP KUMAR SARMA S/O. LATE MAHENDRA NATH SARMA C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 25:DR. JATIN CHANDRA DAS S/O. LATE GHANA RAM DAS C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 26:DR. SAILEN GOSWAMI S/O. LT.ATUL CHANDRA GOSWAMI C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 27:DR. ALTAB HUSSEN S/O. ASAB ALI C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 Page No.# 8/15 28:DR. BIKU DAS S/O. GAKUL DAS C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 29:DR. BHABA KANTA S/O.LT. HARI KANTA SARMA C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 30:DR. TRIPTI DAS D/O. BIMAL KUMAR DAS C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 31:DR. MAHENDRA KAKATI S/O. LATE GUNARAM KAKATI C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 Page No.# 9/15 32:DR. DIPALI NATH D/O. MANINDRA KUMAR NATH C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 33:DR. TAPUBRATA BARUAH S/O. DAMBARUDHAR BARUAH C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 34:DR. MITALI BORO D/O. ANIL BORO C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 35:DR. SUBHASH CHANDRA SARMA S/O. LATE PARBANANDA SARMA C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 Page No.# 10/15 36:DR. (MRS.) MONALISHA MILL D/O. LATE MAHANTA KUMAR MILI C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 37:DR. MITALI DAS D/O. BIRINCHI KR. DAS C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 38:DR. DOLLY KUMARI D/O. DILIP KUMAR SAH C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 39:DR. RICHA SHARMA D/O DR. PRONOY KUMAR SHARMA C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 Page No.# 11/15 40:DR. JAYANTAJIT MOHAN S/O. DILIP KUMAR MOHAN. C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 41:DR. SUNDHAR KONWAR S/O. LATE JOGESWAR KONWAR C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-781005 42:DR. THANURAM HAZARIKA S/O. LATE BONGSHIDHAR HAZARIKA C/O. MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM OFFICE OF THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-78100 Advocate for the Petitioner : MR. M A SHEIKH, DR. K U AHMED,MR. M HUSSAIN,MS F INTAZ Advocate for the Respondent : SC, HEALTH AND F W, ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Page No.# 12/15 Date : 01-04-2025 Heard Mr. M.A. Sheikh, learned counsel for the writ petitioners. Also heard Ms. A. Bora, learned standing counsel, National Health Mission (NHM), Assam appearing for the respondents. The writ petitioners herein claim to be qualified Homeopathic Doctors. Being aggrieved by the advertisement notice dated 11-01-2019 issued by the Executive Director, NHM, Assam, i.e. the respondent No. 5 herein, the instant writ petition has been filed alleging discriminatory treatment meted to the Homeopathic Doctors by giving priority to the recruitment of Ayurvedic Practitioners only, without any just and valid reason. According to the writ petitioners, Ayurvedic and Homeopathic Doctors have been given equal status and emphasis by the Ministry of Health & Family Welfare, Govt. of India. Accordingly, submits Mr. Sheikh, instructions have also been issued by the Central Government to give equal importance for engagement of AYUSH Doctors from both Ayurvedic and Homeopathy stream. The petitioners’ counsel further submits that a large number of vacancies of Homeopathic Doctors are available in the State of Assam. Notwithstanding the same and despite the fact that various schemes in the AYUSH Ministry is being run by utilising central Government funds, the NHM authorities have completely ignored the interest of Homeopathic Doctors while carrying out recruitment drive of AYUSH Doctors by confining the recruitment process only to the Ayurvedic Doctors. The respondent No. 3, i.e. the Mission Director of NHM has controverted the claim of the petitioner by filing counter affidavit, which is on record. In the counter affidavit Page No.# 13/15 filed by the respondent No. 3 the reasons for not including Homeopathic Doctors in the advertisement notice dated 11-01-2019 have been indicated in paragraphs 8, 9 and 10, which are reproduced here-in-below:- “8. That as regards to the statements made in paragraph 7 of the writ petition, the deponent begs to state that the advertisement dated 11.01.2019 was published to fill up the vacancies of MO (Ayur) only against the approval in RoP, not for MO (Homeo). As per the Government of India approval in RoP, in the advertisement issued, the requisite qualification is BAMS Degree from a recognised Ayurvedic College and registered with State Council of Indian Medicine, Assam and the petitioners who have qualification of BHMS cannot be considered as eligible against the said advertisement for MO (Ayur). 9. That as regards to the statements made in paragraph 8 of the writ petition, the deponent begs to state that it is a matter of record, as per the direction from Government of India, the AYUSH practitioners including MO (Ayur) and MO (Homeo) are being utilized in various activities relating to RMNCH+A Programme, RBSK Mobile Health Teams and the health institutions where MBBS doctors are not available. However, this does not create any entitlement of the petitioners for consideration against the advertised posts of MO (Ayur). 10. That as regards to the statements made in paragraph 9 of the writ petition, the deponent begs to state that it is a matter of record, Permitting the AYUSH providers (with the exception of Yoga and Naturopathy providers) to provide IUCD insertions was after necessary training only which did not happen in the case of the petitioners. Even then, this would not entitle the petitioners for consideration against the advertisement MO (Ayur) posts as per Government of India guidelines.” The petitioners’ counsel has disputed the stand taken by the respondent No. 3 in his affidavit. However, the fact remains that the recruitment process initiated vide advertisement notice dated 11-01-2019 has since been completed and the private respondent Nos. 6 to 42 have already been engaged as AYUSH Doctors. The present writ petition has been filed with a prayer for setting aside the appointment of private respondent Nos. 6 to 42 on the ground that the impugned advertisement notice dated 11- Page No.# 14/15 01-2019 was discriminatory in nature. The learned counsel for the petitioners has submitted that the prayer made by his clients before this Court to allow them to participate in the recruitment process initiated vide advertisement notice dated 11-01-2019 was earlier declined by this Court, as a result of which, his clients did not get an opportunity to participate in the said recruitment process. Be that as it may, the recruitment process in question has been concluded several years back and the private respondents have already been engaged. They are presently discharging their duties as AYUSH Doctors. As such, interference with their appointments on the grounds stated above, in the opinion of this Court, would not be permissible under the law. It may be correct to say that the writ petitioners, being Homeopathic Doctors, which is a stream recognised by the AYUSH Ministry, would have a legitimate expectation of being recruited by the State agencies, such as the NHM. However, such legitimate expectation, in the opinion of this Court, cannot be a valid ground to set aside the selection and appointment of private respondent Nos. 6 to 42 who have been appointed pursuant to a valid selection process initiated vide advertisement notice dated 11-01- 2019. Whether the NHM authorities would want to fill up the post of AYUSH Doctors from both Ayurvedic and Homeopathy or not is matter of policy decision of the authority and the Court cannot issue any direction in this regard. However, being qualified Homeopathic Doctors, which stream is also recognised as a component of AYUSH Doctors, the writ petitioners may entertain a legitimate expectation of being considered for being appointed Page No.# 15/15 by the authorities in near future, subject to fulfilment of eligibility norms. Situated thus, this writ petition is being disposed of by granting liberty to the petitioners to submit representations before the authorities ventilating their grievance in the matter. If such representation(s) is submitted by the petitioners along with a certified copy of this order, the same be considered on merit and dispose of by a speaking order, within 06 months thereafter. With the above observation, this writ petition stands disposed of. JUDGE GS Comparing Assistant