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 Wellness Centres – Operational Guidelines”. In terms of Section 4.1 of Section 4 of the aforesaid guidelines, Community Health Officer (CHO) is to be appointed from amongst persons who would undertake a bridge course and only those persons would be eligible to undertake that course who would either be B.Sc. in Community Health or a GNM or an Ayurveda practitioner, trained and certified through IGNOU/other State Public Health/Medical Universities who have acquired competence in delivering public health and primary health care services.

7. The guidelines, therefore, is absolutely clear that such course has been tailor-made only for Ayurveda practitioners, GNMs and persons having B.Sc. Degree in community health.

8. In terms of the aforesaid guidelines, the State Health Society published an advertisement in the year 2017, inviting eligible persons for six months bridge course programme for an appropriate certificate in Community Health. This remained an ongoing process and twice a year such courses were organized. It further appears from the records that in the year 2019, a six months certificate course was advertised vide Advertisement No. 04/2019 for Ayurveda practitioners, GNMs and B.Sc. Community Health Service.

9. Those who would have completed the course were required to be posted as CHO on a remuneration of Rs. 25000/- per month and other incentives which could go up to Rs. 15000/- per month.

10. Against the aforesaid advertisement, some of the Homeopathy and Unani doctors approached this Court vide CWJC Nos. 13410 and 15491 of 2019, seeking a direction to the State Health Society to permit them to participate in the bridge course programme.

11. The aforesaid two writ petitions were heard by the learned single Judge and an order was passed on 26.09.2019 permitting the Homeopathy and Unani practitioners also to participate in such certificate course of six months.

12. We notice that for passing the aforesaid order, the learned single Judge took note of the submissions of the State counsel, who had communicated to the Court the stand of the Principal Secretary, Health Department, Government of Bihar that even the Homeopathy and Unani practitioners would be eligible for participating in the six months certificate course referred to above.

13. In view of the aforesaid stand of the Government, such permission was granted to the practitioners in the other streams of Ayush.

14. With the aforesaid direction by the learned single Judge, the Advertisement No. 04/2019 referred to above was cancelled and a fresh advertisement was issued vide Advertisement No. 10/2019 on 19.12.2019. The practitioners of the other streams of Ayush viz. Homeopathy and Unani medicine were also permitted to apply with a rider that their final selection for undergoing the course will depend upo