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ASHUTOSH KUMAR, ANJANI KUMAR SHARAN
State Health Society – Appellant
Versus
Manoj Kumar – Respondent
Ashutosh Kumar, J.—
Re.: I.A. No. 1 of 2021
This is an application making a request for impleading the intervener as party-respondent as any decision would affect the intervener as well.
2. For the reasons stated in the application, the prayer is allowed.
3. The intervener/applicant is permitted to be added as party-respondent.
L.P.A. No. 1 of 2021
4. Heard Mr. Kishore Kumar Sinha, learned Advocate for the appellant/State Health Society, Government of Bihar and Mr. Prashant Sinha for the Interveners. Mr. Gopal Govind Mishra, learned Advocate has presented the case for the respondents.
5. The challenge in the present appeal is primarily to the order passed by the learned single Judge in Review Petition (Civil Review No. 433 of 2019) which has been admitted and it has further been clarified that since no interim order was being passed by the learned single Judge, the appellant would be under an obligation to comply with the order under review dated 26.09.2019 passed in CWJC No. 13410 of 2019.
6. The National Health Mission, Ministry of Health and Family Welfare, Government of India had formulated a guideline called “Ayushman Bharat; Comprehensive Primary Health Care through Health and Wellne
The National Health Mission's guidelines on eligibility for Community Health Officer courses are binding, and the State cannot alter these criteria without authority.
The State Government has the authority to set qualifications for Yoga Instructors under AYUSHMAN BHARAT, justifying the preference for BNYS Degree holders over other qualifications.
Regulatory bodies' qualifications are essential for appointment eligibility; service rules under Article 309 are legitimate if not violating fundamental rights.
Employer has the exclusive prerogative to decide essential eligibility criteria, and the court should not interfere unless there is a violation of statute or patent illegality
The judgment establishes that the specified qualifications for a job position are essential for eligibility, and the employer has the prerogative to decide the educational qualification and other con....
The court established that the determination of qualifications for public employment is solely within the purview of the state, and judicial review cannot be used to challenge or redefine these quali....
The state has the exclusive authority to determine the qualifications for public service positions, and courts cannot modify or expand these qualifications through judicial review.
Court cannot venture into such exercise. If at all it is required to be done, it can be done by the experts in the field.
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