IN THE HIGH COURT OF MADHYA

PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

ON THE 28^th OF FEBRUARY, 2023

WRIT PETITION No. 4999 of 2023

BETWEEN:-

DR. KAILASH NARAYAN MEVAFAROSH S/O LATE

SHRI KALICHARAN MEVAFAROSH, AGED 60

YEARS, OCCUPATION: GOVT. DOCTOR POSTED

GOVT. HOMEOPATHIC DOCTOR DARPAN COLONY

SAKUNTLAURI THATIPUR, GWALIOR (MADHYA

PRADESH)

.....PETITIONER

(BY SHRI RAJ SHRIVASTAVA - ADVOCATE FOR PETITIONER )

AND

1.

THE

STATE

OF

MADHYA

PRADESH

THROUGH

ITS

PRINCIPAL

SECRETARY

MINISTRY OF AYUSH VALLABH BHAWAN

BHOPAL (MADHYA PRADESH)

2.

AYUKT SANCHALNALAY AYUSH VIBHAG

BHUTAL

D

WING

SATPUDA

BHAWAN

BHOPAL (MADHYA PRADESH)

3.

DR. MANGAL YADAV , SHASAKIY AYURVED

CHIKITSA ADHIKARI SHASAKIY DISPENSARI

BANDHOLI,

DIST.

GWALIOR

(MADHYA

PRADESH)

.....RESPONDENTS

(BY SHRI S.K. SHARMA - GOVERNMENT ADVOCATE FOR

RESPONDENT/STATE)

SHRI YOGESH CHATURVEDI- ADVOCATE FOR RESPONDENT )

This petition coming on for admission this day, the court passed

the following:

1

ORDER

This petition under Article 226 of the Constitution of India has been

filed against the order dated 21.02.2023 passed by Commissioner,

Directorate of AYUSH Vibhag, Bhopal in File No. F-95/01/est./2023/892-

899, Bhopal.

It is the case of the petitioner that the petitioner is a Homeopathic

Medical Officer. Earlier, Dr. Arun Kumar Pathak who was holding the

charge of District AYUSH Officer, Gwalior stood retired w.e.f.

31.01.2023 and accordingly, the charge of the said post was given to the

petitioner on the ground that he is the senior most medical officer.

Thereafter, vide order dated 21.02.2023 the charge of the District

AYUSH Officer has been withdrawn from the petitioner and has been

given to respondent No. 3 who is working as Ayurved medical doctor.

It is submitted by the counsel for the petitioner that the petitioner is

the senior most Homeopathy Medical Officer and, therefore, he was

entitled to be given the charge of the District AYUSH Officer. The

respondent No. 3 is junior to the petitioner, and therefore, by the

impugned order the petitioner is being compelled to work under his junior.

Per contra, it was submitted by the counsel for the respondent No.

3 that the petitioner is a diploma holder in Homeopathy and he is a DHMS.

As per Public Health (Indian System of Medicine & Homeopathy)

Gazetted Service Recruitment Rules, 1987, the post of Ayurved Medical

Officer is the feeder post for promotion to the post of District AYUSH

Officer. To buttress his contention, the counsel for respondent No. 3 has

referred to Schedule IV issued under Rules 13 & 14 of the Rules, 1987. It

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is further submitted that respondent No. 3 is a degree holder in Ayurveda

Medicine, whereas the petitioner is a diploma holder in Homeopathy.

Since, the Homeopathy Medical Officer is not the feeder post for

promotion to the post of District AYUSH Officer, therefore, it cannot be

said that the respondent No. 3 is junior to the petitioner.

In reply, it is submitted by the counsel for the petitioner that as per

Schedule -III, issued under Rule 8 of Rules, 1987 graduation degree in

Ayurved/Unani/Homeopathy recognized by C.C.I.M./CCH from a

university established by law is the minimum qualification for appointment

to the post of District AYUSH Officer. However, it is fairly conceded by

the counsel for the petitioner that the petitioner is not a degree holder but

he is a diploma holder.

It is further submitted by the counsel for the petitioner that since the

petitioner had joined the service prior to respondent No. 3, therefore, he is

not comfortable to work under his junior. Furthermore, the AYUSH

Department, State of Madhya Pradesh by its letter dated 15.12.2014 has

also directed that in case of vacancy, the charge should be given to the

senior most Medical Officer.

Heard the learned counsel for the parties.

The case of the petitioner is that he is senior to the respondent No.

3, however, as per Schedule IV, the post of District Ayurved officer