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IN THE HIGH COURT OF JAMMU AND KASHMIR AT Jammu
Hakim Imtiyaz Hussain, J.
Inder Prakash Gupta (Dr.) - Appellant
Versus
State - Respondent
SWP No. 1303/2006
Decided On : 05 April, 2007
Article 226 - Appointment Dispute - Constitution of Jammu & Kashmir - Section 103 - National Rural Health Mission - [Health and Family Welfare, RCH, National Rural Health Mission] - [Article 226, Section 103] - The court considered the dispute over the appointment of the Director General in the Department of Health Family Welfare and RCH National Rural Health Mission under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir. The court examined the eligibility of the candidates and the relevant service rules to determine the rightful appointment.
Fact of the Case:
The petitioner, a Selection A grade specialist, challenged the recommendation made by the Selection Committee regarding the appointment of Director General in the Department of Health Family Welfare and RCH National Rural Health Mission. The petitioner claimed to be the only eligible officer for the post but was not duly considered and recommended. The court had previously directed the respondents to consider the petitioner for promotion to the post of Director General along with other eligible candidates.
Finding of the Court:
The court found that the appointment dispute revolved around the eligibility of the candidates and the adherence to the relevant service rules. It noted discrepancies in the appointment process and the eligibility of the recommended candidate, leading to the need for further examination by the committee.
Issues: The key issues involved the eligibility of the candidates for the post of Director General and the compliance with the relevant service rules. The court also considered the previous direction to consider the petitioner for the appointment.
Ratio Decidendi: The court's decision was based on the need for a fresh examination of the eligibility of the candidates by the committee, considering their service records and the statement of the Government on the floor of the house. It emphasized the importance of adhering to the relevant service rules in making the appointment.
Final Decision: The petition was disposed of with the direction for the committee to reconsider the eligibility of the candidates and make a final decision within one month. The court also reiterated the previous direction to consider the petitioner for the appointment.
2. The Union Government has launched Nation Rural Health Mission (NRHM) in April 2005 in the country with a special focus in 18 states including the state of Jammu & Kashmir. The respondents have in this behalf given the background of the Mission as under:
It has been decided to raise investment in Health Sector from current 0.9% of GDI to 2.3. over next 5 years. The mission seeks to improve health infrastructure at community, Sub Health Center, BHC/CHC level. It seeks to effect a shift to District based planning for health and also to integrate the health plan with determinants of health i.e. safe drinking water, sanitation an hygiene. In addition NRHM aims to provide overarching horizontal umbrella to the existing vertical health schemes relating to Health, Family Welfare, RCH, Malaira, Blindness Control, Iodine deficiency disorder, Filarial, Kalazar, TB and Leprosy. The Mission also seeks convergence among the related social sector programs of AYUSH, Women and Child Development, Elementary (Awareness) Education by involving Panchayati Raj Institutions, MNGOs NGOs and other stake-holders at National, State, District and Block Level. The mission even embodies the health care/awareness role for ASHA ( Accredited Social Health Activists) at village/grass root level for mobilizing the opinion about importance of Health care among villagers/self-help groups through personal contacts, discussions, consultations and dissemination of information.
The said mission, has time bound goals, which are expected to be achieved including unmet needs for public health infrastructure. It has also envisaged for promotion of health life styles, prevention and control of communicable and non-communicable diseases. Local endemic diseases will be taken care with access integrated comprehensive primary health care for the people living in rural areas. There will be revitalization of local health care mainstreaming of AYUSH. The strategy is to improve health care household level to female health activists, the existing Primary Health centers and Community Health Centers shall be strengthened and to 50 beds for improving curative care of a normative standard to Indian Public Health Standards defining personnel equipment and management standards.
The State Government as per the guidelines of Government of India has taken the following action for implementation of the National Rural Health Mission.
(I) IDENTIFIED 2 CHCS PER DISTRICT AND ARE TAKING UP THE ISSUES FOR STRENGTHENING THE SAME AS PER INDIAN PUBLIC HEALTH STANDARDS SHORTLY.
(II) CONSTITUTED STATE RURAL HEALTH MISSION, STATE RURAL HEALTH SOCIETY, STATE AS PROGRAMME MANAGEMENT SUPPORT UNIT, DISTRICT RURAL HEALTH MISSION AND DISTRICT RURAL HEALTH SOCIETY.
(III) DISSOLVED ALL EXISTING HEALTH SOCIETIES AT THE STATE AND DISTRICT LEVEL AND MERGED INTO THE J&K STATE RURAL HEALTH MISSION AND DISTRICT RURAL HEALTH MISSION RESPECTIVELY.
(IV) CHIEF MEDICAL OFFICER OF THE RESPECTIVE DISTRICT HAS BEEN NAMED AS HEALTH AND FAMILY WELFARE OFFICER AND WILL BE THE NODAL OFFICER FOR IMPLEMENTATION OF RURAL HEALTH MISSION IN THE DISTRICT AS PER THE GUIDELINES OF GOVERNMENT OF INDIA.
It has been seen that vertically health and Family Welfare Programmes and activities have limited synerzation at operation level. The result at the ground level show that this has not been effective in implementation of various programmes of health and FW. Taking into account the operational aspects and verticalization/compartmentalisation the Ministry of Health has merged the departments of health and FW and also
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