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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr.Justice Shamim Ahmed, J
Kasinathadurai, S/o. Velu – Appellant
Versus
Secretary to the Government of India – Respondent
ORDER
1. This Writ Petition has been filed, under the Article 226 of the Constitution of India, to issue a Writ of Certiorari and Mandamus, to call for the records, relating to the order of the 2nd Respondent in Ref.No.9226/E1/3/2021, dated 19.07.2021 and the order of the 3rd Respondent in Letter No.25388/1M2/2021-1, dated 15.07.2021 and to quash the same, as illegal, arbitrary and in violation of the Operational Guidelines of AYUSHMAN BHARAT, issued by the National Health Mission, Government of India.
2. The facts of the case, in a nutshell, led to filing of this Writ Petition and necessary for disposal of same, are as follows:-
a) The Petitioner completed Diploma in Yoga in the year 2007 and M.Sc. Yoga in the year 2019 and thereafter, he worked as a Yoga Instructor in the Sports Development Authority of Tamil Nadu (SDAT) for about five years. Now, the Petitioner is working as an Independent Yoga Instructor at Schools, Colleges and NGO's, as per their demand.
b) The 1st Respondent, vide F.No.A-1230/1/2019-AB, dated 14.07.2020, issued a letter to the Director of Ayush of all States/Union Territories for engagement of Yoga Instructors at Ayush Health and Wellness Centers under the Ayush
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.
The court established that the nature of work must be similar for bonus marks eligibility, and distinct departmental rules govern the recruitment processes.
The UOI cannot impose NEET qualifications for AYUSH admissions without legislative backing, as executive actions cannot override statutory regulations.
No right exists for an individual to demand a specific governmental post; eligibility is evaluated based on established criteria and administrative discretion.
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