Hon’ble Devi Prasad Singh, J.—In these bunch of writ petitions, common questions of fact and law are involved, hence with the consent of the parties, writ petitions are decided by the present common judgment.

FACTS

2. Petitioners possess BAMS, BHMS and BUMS degrees and the degree with regard to pharmacist from recognized colleges and entitled to practice and discharge their obligations in accordance to statutory provisions. They were appointed under the scheme framed by the Government of India implemented by State of U.P., namely National Rural Health Mission (2005-2012) (in short NRHM) by the State authorities. The scheme commenced in the year 2005 and sheduled to continue upto 2012. The NRHM scheme is wholly financed by Government of India as additional grant to improve health and hygienic condition of the State of U.P. The Government of India is continuing with the original scheme and provided sufficient fund but the State authorities took a decision to discontinue the service of Male Ayush doctors and pharmacists. Being aggrieved with the decision of the Government, the petitioners have preferred the present bunch of writ petitions.

3. The undisputed facts on record are that the NRHM Programme has been conceived by the Government of India and is being implemented and executed by the State Government through Special Purpose Vehicles created at the State level and also at the District level in the form of State Health Society and District Health Societies registered under the Societies Registration Act. These societies have been entrusted with the work relating to the NRHM under the Project Implementation Plan (in short, PIP). The PIP is approved by the Government of India. The society at State level and District level are executing the work of NRHM as additional support to the mainstream Health Care System of the State Government to run Medical, Health and Family Welfare Department by introducing NRHM. The Government of India had tried to improve deficient health system of the State of U.P. by providing necessary funds, medicines with liberty to engage the doctors having degree of Unani, Homeopath and Ayurved medicines. The PIP is prepared by the State authorities with the active participation of Mission Director, State Project Management Unit (in short, S.P.M.U.), State Health Society of the NRHM U.P.

4. It is not disputed that right from 2005 i.e. from beginning of NRHM scheme the Male, Famale qualified Ayush doctors and pharmacists were appointed on contract basis and their tenure of service have been renewed after the grant provided by the Government of India subject to satisfactory work. It has further been admitted by the opposite parties that a memorandum of understanding has been entered into between the Central Government and the State Government, inter alia, provides that the Ministry of Health and Family Welfare, Government of India shall provide resources to support implementation of an agreed State NRHM Sector Programme Implementation Plan. According to memorandum of understanding, Project Implementation Programme is prepared at State level to implement NRHM Programme with due approval of Central Government. With regard to years 2011-2012, plan has been sent to Government of India and the approval is awaited according to Para 8 of the counter-affidavit filed by Mohd. Mustafa, the Mission Director of S.P.M.U.

5. While filing affidavit, it has been specifically pleaded that in the PIP for 2011-2012, provision for Male Ayush doctors and pharmacists has not been made. For convenience, Para 8 of the Counter-affidavit filed by Shri Mohd. Mustafa, Mission Director of S.P.M.U is reproduced as under :

“Para 8 : That it is in this background that a Memorandum of Understanding has been entered into between the Central Government and State Government which inter alia provides that the Ministry of Health and Family Welfare, Government of India will provide resources to support implementation of an agree State NRHM Sector