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K. VINOD CHANDRAN, PARTHA SARTHY
Sudhir Kumar Son of Sri Vishwanath Prasad – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Health – Respondent
JUDGMENT :
K. Vinod Chandran, CJ.
1. The appeal has been filed with an application for leave numbered as I.A. No. 1 of 2022, which has been allowed by order dated 28.04.2023.
Re: I.A. No. 3 of 2022 (in both LPA No. 585 of 2022 and LPA No. 586 of 2022)
2. The present interlocutory application is for condonation of delay in filing the appeal, which delay is of 2 years 11 months and 24 days. The subject matter in the writ petition was as to whether the Unani and Homeopathic doctors would be entitled to join the six months’ course in Community Health, which is a requirement, if selected as a Community Health Officer (CHO) under the directions issued by the National Health Mission. The National Health Missions’ directives only included Ayurveda, B.Sc. Nursing and General Nursing and Midwifery (GNM) to be entitled to apply for the course. The Advertisement No. 4 of 2019 dated 19.05.2019 also entitled only the above mentioned qualified persons to apply for the post of Community Health Officer; who on appointment had to undergo the six months’ certificate course in Community Health. The writ petition was filed by two persons, CWJC No. 13410 of 2019 filed by a Homeopath and CWJC No. 15491 of 20
The National Health Mission's guidelines on eligibility for Community Health Officer courses are binding, and the State cannot alter these criteria without authority.
Only qualified medical practitioners enrolled on a State Medical Register are entitled to practice medicine, and unrecognised institutes cannot issue valid medical certificates.
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.
The court affirmed that the selection of candidates for post-graduate courses under State Health Quota was valid as they met the continuous service requirement, emphasizing the equitable nature of wr....
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