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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
SHAMIM AHMED, J.
Kasinathadurai, S/o. Velu - Appellant
Versus
The Secretary to the Government of India - Respondent
WP(MD)No.13342 of 2021, WMP(MD)Nos.10323 and 10325 of 2021
Decided on : 25-04-2025
(A) Constitution of India - Article 226 - Writ of Certiorari and Mandamus - Engagement of Yoga Instructors at AYUSH Health and Wellness Centers - Petitioner, a Yoga Instructor with Diploma and M.Sc. in Yoga, challenged orders favoring BNYS Degree holders for appointment - Court found that State Government has authority to set qualifications for Yoga Instructors under AYUSHMAN BHARAT guidelines - Petitioner’s exclusion deemed justified as BNYS holders are more qualified for public health care roles. (Paras 1, 9, 18)
(B) Operational Guidelines of AYUSHMAN BHARAT - State Governments empowered to implement scheme and set qualifications - Preference for BNYS Degree holders upheld as necessary for quality health care. (Paras 10, 14, 18)
Facts of the case:
The Petitioner, with a Diploma and M.Sc. in Yoga, contested the legality of orders from State Authorities that prioritized BNYS Degree holders for Yoga Instructor positions at AYUSH Health and Wellness Centers, arguing it violated AYUSHMAN BHARAT guidelines.
Findings of Court:
The Court upheld the State's authority to set qualifications, affirming that BNYS Degree holders are better suited for the role.
Issues: Whether the exclusion of the Petitioner from Yoga Instructor appointments based on qualifications was lawful.
Ratio Decidendi: The Court ruled that the State Government's discretion in setting qualifications for Yoga Instructors is valid, particularly favoring BNYS Degree holders for their comprehensive training in both Yoga and Naturopathy.
Result: Writ Petition dismissed.
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 Ayushman Bharat. As per the said letter of the 1st Respondent, dated 14.07.2020, Yoga Teachers, who are already available in the locality with Certification/Diploma/Degree from a recognized body and who are currently practicing/teaching Yoga, may be deployed at HWC, after following all codel formalities.
c) The 2nd Respondent issued a Letter in Ref.No.9226/E1/2021, dated 08.07.2021 to all CHOs (Community Health Officers) for engagement of Yoga Instructors in 48 Health and Wellness Centers. However, the 2nd Respondent, vide his letter No-Ref. No. 9226/E1/3/2020, dated 09.07.2021 issued a direction to all CHOs, not to proceed further in the matter of engagement of Yoga Instructors.
d) While so, the 3rd Respondent has sent a letter in Ref. No.25388/1M2-2/20201-1, dated 15.07.2021, to the 4th Respondent, by giving preference to the Candidates with Bachelors of Naturopathy and Yogic Sciences (BNYS) Degree and stating that in the event of non-availability of BNYS Candidates, other eligible persons may be engaged. The 2nd Respondent has also issued a similar Circular, in Ref.No.9226/E1/ 3/2020, dated 19.07.2021. Hence, contending that the above said orders, dated 15.07.2021 and 19.07.2021 of the Respondents 3 and 2, respectively, are in violation of the Operational Guidelines of Ayushman Bharat Scheme, issued by the National Health Mission, Government of India, this Writ Petition has been filed, seeking the relief, as stated above.
3. In the counter affidavit filed by the 2nd Respondent, it is stated as under:-
a) Based on the Operational Guidelines of AYUSHMAN BHARAT, Yoga Teachers, who are already available in the locality with Certification/Diploma/Degree from a recognized body and who are currently practicing/Teaching Yoga may be deployed at Health and Wellness Centers. The Government have issued orders in GO.(D)No.1207, Health and Family Welfare Department, dated 23.09.1997, directing the 2nd Respondent to obtain the complete list of qualified persons in Naturopathy System of Medicine, who have registered with the Tamil Nadu Board of Indian Medicine and to select suitable Candidates from among them for appointment of individuals to the post of Medical Officers, Yoga Instructors, Therapeutic Assistants and Cleaning Persons, at Arignar Anna Government Hospitals of Indian Medicine, Chennai.
b) By GO(2D)No.13, Health and Family Welfare Department (IM2-2) dated, 02.05.2021, the Government sanctioned 48 Rural Dispensaries into Ayush Health Wellness Centers, under the AYUSHMAN BHARAT in SAAP 2019-2020 to engage the Yoga Instructors, on a pay scale of Rs.8000/- per month on part time basis and vide letter in Ref. No.9226/E1/3/2020, dated 08.07.2021, instructions were also issued to CHO's to engage the suitable persons as Yoga Instructors on part time basis in the Health
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 State's registration of unqualified practitioners for Naturopathy and Yoga is unconstitutional, contradicting Central regulations.
The UOI cannot impose NEET qualifications for AYUSH admissions without legislative backing, as executive actions cannot override statutory regulations.
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