Regulatory bodies' qualifications are essential for appointment eligibility; service rules under Article 309 are legitimate if not violating fundamental rights.

Judgment :

Manoj Kumar Tiwari, J.

According to petitioners, they were given contractual appointment through outsourcing agency as Yoga Trainer in the Department of Ayurvedic and Unani Services between 2018 to 2020. All of them possess MA (Yoga) qualification, while some of them also possess PG Diploma, as stated in para 6 of the writ petition. Director, Ayurvedic and Unani Services, Uttarakhand issued an advertisement on 15.3.2024, inviting applications for appointment against 16 vacancies on the post of Ayurvedic Yog evam Prakritik Chikitsa Sahayak. As per Clause 3 of the advertisement, candidates possessing following qualifications alone would be eligible for appointment:

(a) Intermediate from Uttarakhand Education Board/U.P. Secondary Education Board or any qualification declared as equivalent thereto;

(b) One year diploma in Ayurvedic Yog evam Prakritik Chikitsa Sahayak, recognized by Bhartiya Chikitsa Parishad, Uttarakhand and registered with Bhartiya Chikitsa Parishad, Uttarakhand.

2. Petitioners do not possess the qualification mentioned in Clause 3(b) of the advertisement. In other words, they do not possess one year diploma in Ayurvedic Yog evam Prakritik Chikitsa Sahayak course nor the qualification possessed by them is recognized by Bhartiya Chikitsa Parishad, Uttarakhand. Petitioners are also not registered with Bhartiya Chikitsa Parishad, Uttarakhand.

3. The essential qualifications mentioned in the advertisement dated 15.3.2024 are as per Uttarakhand Ayurvedic Yog evam Prakritik Chikitsa Sahayak Niyamavali , 2021. Rule 8(b) of the said rules makes it mandatory for a candidate to possess one year diploma in Ayurvedic Yog evam Prakritik Chikitsa Sahayak, which should be recognized by Bhartiya Chikitsa Parishad, Uttarakhand. It also provides that one should be registered with Bhartiya Chikitsa Parishad, Uttarakhand. Since petitioners do not meet the requirement of Rule 8(b) of the aforesaid rules, therefore, they have filed this writ petition seeking the following reliefs:

“I. Issue a writ order or direction in the nature of certiorarified mandamus to declare the rule 8(b) of the Uttarakhand Ayurvedic Yog & Prakartik Chiktsa Sahayak Sewa Niyamavali 2021 (Uttarakhand Yoga and Naturopathy Assistant Service Rules 2021) and the condition of having one year diploma recognized by Bhartiya Chiktsa Parishad Uttarakhand in Ayurvedic Yog & Prakartik Chiktsa Sahayak for registration as Yoga & Naturopathy Assistant in Uttarakhand (Contained as Annexure No. 1 and 2) as ultra vires, illegal, arbitrary, unjust and against the provision of law after calling the records or in alternate pass any appropriate orders keeping in view of the facts highlighted in the body of the petition or mould the relief appropriately.

II. Issue a writ, rule, order or direction in nature of mandamus directing the respondents to grant registration certificate on the basis of the diploma/degree recognized by the UGC as applicable prior to the notification of Rules of 2021 after calling the entire record from the respondents or in alternate pass any appropriate orders keeping in view of the facts highlighted in the body of the petition or mould the relief appropriately.

III. Issue a writ, rule, order or direction in nature of mandamus to declare the appointment of the Petitioners on their respective post and position is regular and substantive for all consequential benefit and further to declare the UPNAL AND PRD is mere placement agency and the real and actual employer is the AYUSH department and allow benefits as well as equal pay for equal work at par to the regular employee of the department to the Petitioner with all consequential ben