The Court emphasized the importance of adhering to the Government's prescribed criteria for absorption, which considered qualifications, and the Tribunal's lack of authority to substitute its own criteria.

S.K. Kulshrestha, J.

1. The above Writ Petitions challenge the common order dated 7-05-1997 passed by the Madhya Pradesh Administrative Tribunal in the Transferred Application No. 519/88 (Chhoteylal Sharma v. Director, Bharatiya Chikilsa Paddhati Avam Homeopathy, Bhopal and Ors.) and the connected petitions, by which the Tribunal has directed the review of the absorption of the applicants before the Tribunal in accordance with the directions/guidelines laid down by the Tribunal.

2. The facts aptly narrated by the Tribunal and not disputed before us read thus:--

(i) The applicants before the Tribunal were all Vaidyas who were in charge of the Ayurved dispensaries run by the Janpad Panchayat in the rural areas. All these applicants were appointed by the erstwhile Janpad Sabhas which were local bodies at the Tahsil level constituted under the provisions of C.P. & Berar local Government Act, 1948. These Janpad Sabhas were abolished sometimes in the year 1972 and in their place Janpad Panchayats were constituted at the Block Level. The Ayurved dispensaries along with the staff including the Vaidyas run by the Janpad Sabhas were transferred to the Janpad Panchayats. The staff so transferred were absorbed in the Janpad Panchayats. The Janpad Panchayats having limited financial resources were not able to disburse the salaries to their staff and there were quite apparently great deal of difficulties in the functioning of the Ayurved dispensaries under their control. The question of taking over of these dispensaries by the Government and the absorption of the staff working in these dispensaries, namely, Vaidyas, Compounders, Vaccinators, Aushadhalaya Sewaks, etc. was considered in a meeting held by the Chief Secretary, Government of Madhya Pradesh on 7th May, 1980. In this meeting it was pointed out by the representatives of the Panchayat Department under which the Janpad Panchayats functioned, that the question of absorption of 489 Vaidyas apart from other staff in the Public Health & Family Welfare Department, 'Health Department' for short, was to be considered. It was pointed out in the meeting that the Janpad Panchayats had no resources to run the health services and that the running of such services was also not a part of their functions. After considering the objections/problems posed in the meeting it was observed that the problem had to be tackled on a humanitarian basis that the employees of the Janpad Panchayats did not get their salary/wages for months, which was a matter of adverse criticism for the Government and further that it would not be proper to discharge such employees as they have put in long years of serviced It was, therefore, inter-alia decided that the said employees including the Vaidyas may be absorbed in the Health Department after relaxation of the age limit and educational qualifications. It was also decided that in case the Vaidyas etc. did not possess the appropriate qualifications required for the post under Health Department then such employees may be absorbed on lower posts and it was also decided that all the Ayurved dispensaries being run by the Janpad Panchayats shall be transferred to the control of the Health Department.

(ii) The above decision of the Govt. was communicated by the Panchayat Department to the Secretary, Health Department vide letter No. 2308/2319/22/Pan./80, dated 3rd June, 1980. Accordingly action to transfer the Ayurved dispensaries to the Health Department and the absorption of the staff posted in those dispensaries in the Government service was initiated. In the first instalment 100 dispensaries were taken over in the year 1981 vide order dated 23-3-1981 w.e.f. 1-4-1981. Thereafter 104 Ayurved dispensaries were taken over by the Government vide its order dated 27th January, 1987; thereafter another 154 dispensaries were taken over vide its order dated 30th March, 1988 and lastly another 126 dispensaries were taken over vide order dated 31-3-1989. The terms and conditions and t