Madhya Pradesh High Court
Aditya Kaul vs The State Of Madhya Pradesh on 28 June, 2022
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 28th OF JUNE, 2022
WRIT PETITION No. 11488 of 2022
Between:-
1. DR. DHEERAJ RATHORE S/O LATE DR.
R.B. RATHORE, AGED - 37 YEARS,
2. DR. SONU ARELA S/O SHRI RAMNATH
ARELA, AGED - 32 YEARS
3. DR. RAJEEV TRIPATHI S/O SHRI
VIDHYANAND TRIPARTHI, AGED - 48
YEARS,
ALL OCCUPATION- AYUSH MEDICAL
OFFICER, ADDRESS- OFFICE OF CHIEF
MEDICAL AND HEALTH OFFICER,
GWALIOR DISTRICT GWALIOR
(MADHYA PRADESH)
........PETITIONERS
(BY SHRI ARVIND DUDAWAT - SENIOR ADVOCATE WITH SHRI
ARUN DUDAWAT - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH,
THROUGH: PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC HEALTH AND
FAMILY WELFARE, MANTRALAYA
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. NATIONAL HEALTH MISSION,
THROUGH: MISSION DIRECTOR,
ARERA HILLS, JAIL ROAD, BHOPAL
(MADHYA PRADESH)
3. COMMISSIONER, DIRECTORATE OF
HEALTH SERVICES, BHOPAL (MADHYA
PRADESH)
2
4. THE COLLECTOR DISTRICT GWALIOR
(MADHYA PRADESH)
5. CHIEF HEALTH AND MEDICAL
OFFICER, DISTRICT GWALIOR
(MADHYA PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR THE STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 8859 of 2022
Between:-
1. TAJENDRA NAGAR S/O SHRI R.D.
NAGAR, AGED 38 YEARS, OCCUPATION -
UNEMPLOYED, R/O TIKONIA MORAR,
GWALIOR
2. DR. SHUBHAN NEMA S/O SHRI
OMPRAKASH NEMA, AGED 33 YEARS,
OCCUPATION - UNEMPLOYED, R/O 64
RESIDENT BUILDING GMC CAMPUS,
SRVS MEDICAL COLLEGE SHIVPURI
(MADHYA PRADESH)
3. DR. SHILPI AAKASH W/O DR. AAKASH
MEHRA , AGED 41 YEARS, OCCUPATION
- UNEMPLOYED,, R/O BLOCK F-4 FLAT
NO. 33 WINDSOR HILL GWALIOR
(MADHYA PRADESH)
4. DR. YASMIN BABO D/O FAOYAZ
MOHAMMAD KHAN, AGED 35,
OCCUPATION-UNEMPLOYED, R/O M-72
SECTOR-2A VINAY NAGAR URWAI GATE,
GWALIOR (MADHYA PRADESH)
5. MR. RAJKUMAR AHIRWAR S/O SHRI
GHANSHYAMDAS AHIRWAR , AGED
ABOUT 35 YEARS, R/o H. NO. 117,
SHIVDHAM COLONY BIRAGHAR KALA,
HUZUR BHOPAL (MADHYA PRADESH)
6. MR. RAVINDRA PRAJAPATI S/O TEJPAL
PRAJAPATI , AGED 27, OCCUPATION -
UNEMPLOYED, R/o CHAR SAHAR KA
NAKA, SHARMA FARM ROAD, HAZIRA
GWALIOR (MADHYA PRADESH)
........PETITIONERS
3
((BY SHRI SURESH AGRAWAL - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY,
PUBLIC HEALTH & FAMILY WELFARE,
MANTRALAYA, VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. DIRECTORATE OF MEDICAL
EDUCATION, SATPUDA BHAWAN
BHOPAL BHOPAL (MADHYA PRADESH)
3. MISSION DIRECTOR, NATIONAL
HEALTH MISSION MADHYA PRADESH
BHOPAL (MADHYA PRADESH)
4. THE COLLECTOR SHIVPURI DISTRICT
SHIVPURI (MADHYA PRADESH)
5. THE COLLECTOR VIDISHA DISTRICT
VIDISHA (MADHYA PRADESH)
6. THE COLLECTOR GWALIOR DISTRICT
GWALIOR (MADHYA PRADESH)
7. THE DEAN SHRIMANT VIJAYARAJE
SCINDIA GOVT. MEDICAL COLLEGE,
SHIVPURI (MADHYA PRADESH)
8. THE DEAN ATAL BIHARI VAJPAYEE
GOVT. MEDICAL COLLEGE VIDISHA
(MADHYA PRADESH)
9. THE DEAN, GRMC, KAMPOO GWALIOR
(MADHYA PRADESH)
10. CHIEF MEDICAL AND HEALTH OFFICER
DISTRICT SHIVPURI (MADHYA
PRADESH)
11. CHIEF MEDICAL AND HEALTH OFFICER
DISTRICT VIDISHA (MADHYA PRADESH)
12. CHIEF MEDICAL AND HEALTH
OFFICER, MOTI MAHAL DISTRICT
GWALIOR (MADHYA PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE, SHRI SANKALP
SHARMA - ADVOCATE FOR RESPONDENT NO.3, LOKENDRA
SHRIVASTAVA - ADVOCATE FOR RESPONDENT NO.7 AND SMT.
NIDHI PATANKAR - ADVOCATE FOR RESPONDENT NO.9)
4
WRIT PETITION No. 9184 of 2022
Between:-
1. DR. DILIP KUMAR MUDGAL D/O
LAXMAN PRASAD MUDGAL, AGED - 37
YEARS
2. DR. SHOBHA SHARMA W/O SHRI
VIRENDRA SHARMA, AGED 55 YEARS
3. DR. RAJESH KUMAR KOLI D/O SHRI
SUNDARLAL OLI, AGED 32 YEARS
4. DR. VARSHA TIWARI W/O SHRI
DHARMENDRA TIWARI , AGED - 33
YEARS
5. DR. NIRPENDRA SINGH RAGHUWANSHI
S/O SHRI VISHNU PRAKASH
RAGHUWANSHI , AGED 39 YEARS
6. DR. HOM SINGH DHAKAD S/O SHRI
RAMBHAROSE, AGED ABOUT 38 YEARS,
7. DR. VIRENDRA SINGH VERMA S/O SHRI
JANVED SINGH, AGED ABOUT 43 YEARS,
8. DR. RAKESH KUMAR RATHORE S/O
LATE SHRI MUNNALAL RATHORE,
AGED 42 YEARS,
9. DR. RIYAZ KHAN S/o SHRI HANIF KHAN,
AGED - 39 YEARS,
10. Dr. AASMAN KHAN D/O SHRI JAMEEL
KHAN, AGED - 28 YEARS,
11. DR.ASHISH TRIPATHI S/O SHRI
SWAMISHARAN TRIPATHI, AGED 40
YEARS,
12. DR. NEELAM CHATURVEDI W/O SHRI
UDIT VYAS , AGED - 28 YEARS
13. DR.ADITYA GUPA S/O SHRI B.K. GUPTA ,
AGED 39 YEARS,
14. DR. IRFAN KHAN S/O SHRI JAMEEL
KHAN , AGED 31 YEARS,
15. DR. ROHIT SHRIVASTAVA S/O DR.
RAMESH SHRIVASTAVA , AGED 37
YEARS,
16. DR. JYOTI SHARMA W/O SHRI GOPLESH
SHARMA , AGED - 36 YEARS,
OCCUPATION: SAMBIDA AYUSH
CHIKITSAK
17. DR. GOPAL SHARMA S/O SHRI RAMESH
CHAND SHARMA , AGED - 37 YEARS,
5
18. DR. HEMANT GAUTAM S/O SHRI
PARMANAND GAUTAM , AGED - 36
YEARS,
19. DR. KAPIL MAURYA S/O SHRI V.S.
MAURYA , AGED ABOUT 35 YEARS, ALL
OCCUPATION: CONTRACTUAL AYUSH
MEDIAL OFFICER, ADDRESS : OFFICE
OF CHIEF MEDICAL AND HELATH
OFFICER SHIVPURI, DISTRICT
SHIVPURI (MADHYA PRADESH)
........PETITIONERS
(BY SHRI ARVIND DUDAWAT, SENIOR ADVOCATE WITH SHRI ARUN
DUDAWAT - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC HEALTH AND
FAMILY WELFARE, MANTARALAYA,
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. NATIONAL HEALTH MISSION,
THROUGH MISSION DIRECTOR ARERA
HILLS, JAIL ROAD BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, DIRECTORATE OF
HEALTH SERVICES, BHOPAL (MADHYA
PRADESH)
4. THE COLLECTOR DISTRICT SHIVPURI
(MADHYA PRADESH)
5. CHIEF HEALTH AND MEDICAL OFFICER
DISTROCT SHIVPURI (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE AND SHRI
SANKALP SHARMA - ADVOCATE FOR RESPONDENT NO.2 )
WRIT PETITION No. 9494 of 2022
Between:-
6
1. ZIYA UI HAQ SAIYED S/O IZHARUL HAQ
SAIYED, AGED - 32 YEARS,
OCCUPATION: LAB TECHNICIAN, R/o
DENIDA ROAD, CHHATRAWAS KE PASS
WARD NO 14 LAHAR DISTRICT BHIND
(MADHYA PRADESH)
2. SMT. VAISHALI RAJPUT W/O SHRI
DEEPAK RAJPUT , AGED 27 YEARS,
OCCUPATION: STAFF NURSE R/O NEAR
GURUKUL SCHOOL KE PASS RAJGHAT
TIRAHA DATIA (MADHYA PRADESH)
3. DR. NAVNEET TRIPATHI S/O SHRI R.K.
TRIPATHI , AGE - 41 YEARS,
OCCUPATION: AYUSH MEDICAL
OFFICER, R/O A/19- THATIPUR COLONY,
GWALIOR (MADHYA PRADESH)
4. DR. RAHUL PANDEY S/O SHRI KAMAL
KISHOR PANDEY , AGE 38 YEARS,
OCCUPATION: AYUSH MEDICAL
OFFICER, R/o SHIV VIHAR COLONY,
GALI NO. 3, BUNDELA COLONY, ROAD,
DISTRICT DATIA (MADHYA PRADESH)
5. DR. GIRRAJ GUPTA S/O SHRI
HARIMOHAN GUPTA, AGE 38 YEARS,
OCCUPATION: AYUS MEDICAL OFFICER,
R/O V.P.O. BARGAYN, DIST. DATIA
(MADHYA PRADESH)
6. DR. VISHWASANAND GUPTA S/O
GHANSHAM DAS GUPTA, AGE 34 YEARS,
OCCUPATION: AYUSH MEDICAL
OFFICER, R/o NAGAR PANCHAYAT
BADONI, (MADHYA PRADESH)
7. DR. SANJAY BOHARE S/O SHRI KAMAL
KISHORE BOHARE, AGE 38 YEARS,
OCCUPATION: AYUSH MEDICAL
OFFICER, R/o DABRA GAON ROAD
(MADHYA PRADESH)
8. DR. CHIRAJ SHRIVASTAVA S/O SHRI
KAMLESH SHRIVASTAVA, AGE 26
YEARS, OCCUPATION: DENTAL
SURGEON, R/o BUNDELA COLONY,
DATIA (MADHYA PRADESH)
9. DR. DINESH GUPTA S/O SHRI
RAMPRAKASH GUPTA, AGE - 42 YEARS,
OCCUPATION: AYUSH MEDICAL
OFFICER, R/o V.P.O. SIKRI, TEHSIL-
SEWDA, DISTRICT - DATIA, (MADHYA
7
PRADESH)
10. DR. RAHUL GUPTA S/O SHRI SHIV
NARAYAN GUPTA, AGED 36 YEARS,
OCCUPATION: AYUSH DOCTOR, R/o
SAMUDAYIK SWASTHYA KENDRA,
BADOUNI, FEVER CLINIC, DISTRICT
DATIA (MADHYA PRADESH)
11. DR. HAPPY GUPTA S/O SHRI RAM
PRAKASH GUPTA , AGED - 28 YEARS,
OCCUPATION: AYUSH MEDICAL
OFFICER, R/O BEHIND PUNJAB BANK,
INDARGARH, DISTRICT DATIA
(MADHYA PRADESH)
12. PHOOL SINGH JATAV S/O SHRI
RAMESHWAR JATAV, AGE 32 YEARS,
OCCUPATION: LAB TECHNICIAN, R/o
VILLAGE- JAROULO, TEHSIL -
INDARGARH, DISTRICT DATIA
(MADHYA PRADESH)
13. BHARTI PAL W/O SHRI UMESH KUMAR ,
AGED ABOUT 30 YEARS, OCCUPATION:
STAFF NURSE, R/o SAMUDAYIK
SWASTHYA KENDRA , BHANDER, DATIA
(MADHYA PRADESH)
14. RAJESH KUMAR UPADHYAY S/O SHRI
KAILASH NARAYAN UPADHYAY, AGE 46
YEARS, OCCUPATION: AYUSH DOCTOR,
R/o NEAR SCHOOL VILLAGE, BARAHU,
DISTRICT BHIND (MADHYA PRADESH)
15. IMRAN MOHAMMAD S/O SHRI LATIF
MOHAMMAD, AGE 40 YEARS,
OCCUPATION: MALE STAFF NURSE, R/o
IN FORNT OF OLD FEMALE HOSPITAL,
DARWAAZEY WALI GALI, TALLIYA,
MUHALLA, DISTRICT DATIA (MADHYA
PRADESH)
16. RAKESH KUMAR DWIVEDI S/O
SHIVNARAYAN DWIVEDI , AGE 32
YEARS, OCCUPATION: MALE STAFF
NURSE, R/o RAM NAGAR COLONY, NEAR
BACHPAN SCHOOL, CIVIL LINES,
(MADHYA PRADESH)
17. SHIVANGI SHRIVASTAVA D/O VISHNU
MOHAN SHRIVASTAVA OCCUPATION:
STAFF NURSE, R/O PITAMBARA PURI,
GALI NO. 1, BUNDELA COLONY,
DISTRICT DATIA (MADHYA PRADESH)
8
.........PETITIONERS
(BY SHRI NITIN AGRAWAL - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY
DEPARTMENT OF PUBLIC HEALTH &
FMAILY WELFARE, VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. MISSION DIRECTOR, NATIONAL
HEALTH MISSION, ARERA HILLS
BHOPAL (MADHYA PRADESH)
3. COLLECTOR DATIA DISTRICT DATIA
(MADHYA PRADESH)
4. CHIEF MEDICAL AND HEALTH
OFFICER, DATIA DISTRICT DATIA
(MADHYA PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT
NO.2)
WRIT PETITION No. 9621 of 2022
Between:-
1. DR. MAHESH SHAKYA S/O SHRI
PREMCHAND SHAKYA, AGE - 36 YEARS,
OCCUPATION: AYUSH MEDICAL
OFFICER, R/O JIWAJIGANJ SHAIKH KI
BAGHIYA LASHKAR, GWALIOR
(MADHYA PRADESH)
2. DR. RITU AGARWAL D/O SHRI
RAGHVENDRA AGRAWAL, AGE - 27
YEARS, OCCUPATION: AYUSH MEDICAL
OFFICER, R/o MADHUVAN COLONY,
WARD NO. 8 DISTRICT SHEOPUR
(MADHYA PRADESH)
3. KU. DEEPIKA SINHA D/O SHRI N.K.
SINHA , AGE 32 YEARS, OCCUPATION:
AYUSH MEDICAL OFFICER, R/o R.D.S.S.
KE PAAS, BAMHORI DISTRICT RAISEN
9
(MADHYA PRADESH)
4. SIMMI MAHOR D/O SHRI JASPREET
SINGH , AGE - 34 YEARS, OCCUPATION:
AYUSH MEDICAL OFFICER,R R/o NEW G-
2 CAMP MENTAL HOSPITAL GWALIOR
(MADHYA PRADESH)
5. LEELA MITTAL D/O LATE SHRI
NARAYAN PRASAD MITTAL , AGE 35
YEARS, OCCUPATION: AYUSH MEDICAL
OFFICER, R/o 58 GANESH GALI, TODI
BAZAR SHEOPUR (MADHYA PRADESH)
6. KOK SINGH S/O SITARAM RAWAT , AGE
37 YEARS, OCCUPATION: AYUSH
MEDICAL OFFICER, R/o VILLAGE
HALGAWDA BUZURG POST FIOZPURA
TEHSIL BADODA DISTRICT SHEOPUR
(MADHYA PRADESH)
7. DR AMIT SHRIVASTAVA S/O SHRI
UPENDRA SHRIVASTAVA, AGE - 29
YEARS, OCCUPATION: AYUSH MEDICAL
OFFICER, R/o 89, BARAH BEEGHA
COLONY, GWALIOR (MADHYA PRADESH
8. BRIJENDRA NAGAR S/O SHRI KUNJ
BIHARI NAGAR, AGE - 33 YEARS,
OCCUPATION: AYUSH MEDICAL
OFFICER, R/o VILLAGE PAHADALI
TEHSIL BARODA DISTRICT SHEOPUR
(MADHYA PRADESH)
9. DIPALI PEMDE D/O SHRI YASHPAL
PEMDE, AGE 29 YEARS, OCCUPATION:
AYUSH MEDICAL OFFICER, R/o PEMDE
BHAWAN NAI SADAK LASHKAR
GWALIOR (MADHYA PRADESH)
10. VIRENDRA KUMAR TAGORE S/O SHRI
RAMESH CHANDRA TAGORE , AGED
ABOUT 39 YEARS, OCCUPATION: AYUSH
MEDICAL OFFICER WARD NO. 14 DIST
SHEOPUR (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI MAHESH GOYAL - ADVOCATE )
AND
1. STATE OF MADHYA PRADESH
THROUGH ITS PRINCIPAL SECRETARY
PUBLIC HEALTH AND FAMILY WELFARE
DEPARTMENT, VALLABH BHAWAN
10
BHOPAL (MADHYA PRADESH)
2. MISSION DIRECTOR, NATIONAL
HEALTH MISSION. MADHYA PRADESH
BHOPAL ARERA HILLS BHOPAL
(MADHYA PRADESH)
3. COLLECTOR, SHEOPUR, DISTRICT
SHEOPUR (MADHYA PRADESH)
4. CHIEF MEDICAL AND HEALTH
OFFICER, DISTRICT - SHEOPUR
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT
NO.2 )
WRIT PETITION No. 9752 of 2022
Between:-
1. DR. PRADEEP KUMAR SIHARE S/O SHRI
HARI GOPAL SIHARE , AGED - 32 YEARS,
OCCUPATION: DOCTOR VILL. BADERA
TEHSIL CHANDERI (MADHYA PRADESH)
2. DR. SANTOSH RAGHUWANSHI S/O SHRI
YASHWANT SIGNH , AGED - 28 YEARS,
OCCUPATION: DOCTOR, R/O TAYDE
COLONY WARD NO. 3 WALIOR ASHOK
NAGAR (MADHYA PRADESH)
3. DR, AMIT KUMAR SHARMA S/O SHRI
BRIJ BHUSHAN SHARMA , AGED 37
YEARS, OCCUPATION: DOCTOR. R/o
BOHARE COLONY WARD NO. 6 ASHOK
NAGAR (MADHYA PRADESH)
4. DR, SWAPNIL JAIN S/O SHRI SANTOSH
KUMAR JAIN, AGED - 35 YEARS,
OCCUPATIN - DOCTOR, R/o BHUJARIYA
TALAB ROAD MUNGAWALI, DISTRICT
ASHOK NAGAR (MADHYA PRADESH)
5. DR, GOPAL NARWARIYA S/O SHRI
GANESH RAM NARWARIYA , AGED
ABOUT 36 YEARS, R/O WARD No. 21
PATEL PARK SHOP NO. 2, GOSHALA
ROAD ASHOK NAGAR (MADHYA
11
PRADESH)
.....PETITIONERS
(BY SHRI PRADEEP KUMAR SHRIVASTAVA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY,
PUBLIC HEALTH AND FAMILY WELFARE
DEPARTMENT VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. MATIONAL HEALTH MISSION
DIRECTOR NHM BHAWAN LINK ROAD
NO. 3 PATRAKAR COLONY BHOPAL
(MADHYA PRADESH)
3. THE COLLECTOR ASHOKNAGAR
(MADHYA PRADESH)
4. CHEIF MEDICAL AND HEALTH
OFFICER, DISTRICT ASHOKNAGAR
(MADHYA PRADESH)
5. COMMISSIONER DIRECTORATE AAYSH
MADHYA PRADESH BASEMENT 'D'
WING SATUDA BHAWAN, BHOPAL
(MADHYA PRADESH)
....RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT
NO.2 )
WRIT PETITION No. 9804 of 2022
Between:-
1. DR. MANISH KUMAR SHRIVASTAVA S/O
SHRI ASHOK KUMAR , AGED 32 YEARS,
R/O VILLAGE AND POST AMAYAN
TEHSIL MEHGAON, DISTRICT BHIND
(MADHYA PRADESH)
2. DR. BRAJWALA AHIRWAR D/O SHRI
OMPRAKASH AHIRWAR , AGED ABOUT
29 YEARS, R/O WARD NO.8 AMBAH,
DISTRICT MORENA (MADHYA
PRADESH)
12
3. DR. NARENDRA KAROSIYA S/O SHRI
SUGREEV KAROSIYA , AGED ABOUT 30
YEARS, R/O WARD NO.4 AYODHYA
BASTI, GORMI DISTRICT BHIND
(MADHYA PRADESH)
4. DR. SHARAD KUMAR JAIN S/O SHRI
SHEKHAR CHANDAR JAIN, AGED 39
YEARS, R/O 164-A BLOCK -C, PATEL
NAGAR CITY CENTRE GWALIOR
(MADHYA PRADESH)
5. DR. IBRAHIM KHAN S/O SHRI NAEEM
KHAN, AGED 36 YEARS, R/O NEAR
CHOTTI MASZID, BANKHANDESWAR
ROAD, DISTRICT BHIND (MADHYA
PRADESH)
6. DR. DHARMENDRA BHADAURIYA S/O
SHIR SHIV VIJAY SINGH, AGED 34
YEARS, R/O VILLAGE AND POST
MANHAD, TEHSIL MEHGAON DISTRICT
BHIND (MADHYA PRADESH)
7. DR. PRADEEP KUMAR S/O SHRI
LALLURAM, AGED - 32 YEARS, R/O
YADUNATH NAGAR, GALI NO. 06
DISTRICT BHIND (MADHYA PRADESH)
8. DR. ARVIND SHARMA S/O SHRI
RAMESHBABU SHARMA , AGED 40
YEARS, R/O WARD NO. 38 ATER ROAD,
DISTRICT BHIND (MADHYA PRADESH)
9. DR. VARUN KUMAR SHARMA S/O SHRI
RAMKRISHAN SHARMA R/O H.NO. 159,
BEHIND JAIN TEMPLE, RAMCHARAN
COLONY, VIRENDRA NAGAR, DISTRICT
BHIND (MADHYA PRADESH)
10. DR. NAMDEV SHARMA S/O SHRI
RAMSIYA SHARMA, R/O 21 USHA
COLONY, DISTRICT BHIND (MADHYA
PRADESH)
11. DR. BRIJBHAN SINGH S/O SHRI
SHUKHLAL R/O MAHUAN KA PURA,
POST SAGRA DISTRICT BHIND
(MADHYA PRADESH)
12. DR. MANOJ KUMAR S/O SHRI
MEWARAM, R/O PURANI BASTI,
DISTRICT BHIND (MADHYA PRADESH)
13. DR. SAAKAR TIWARI S/O DR. MOHAN
DAS TIWARI, R/O GALI NO. 4 BARUWA
NAGAR LASHKAR ROAD BHIND
13
(MADHYA PRADESH)
.
....PETITIONERS
(BY SHRI ALOK KUMAR SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC HEALTH &
FAMILY WELFARE, VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. MISSION DIRECTOR, NATIONAL
HEALTH MISSION, 8-ARERA HILLS, JAIL
ROAD BHOPAL (MADHYA PRADESH)
3. COLLECTOR , DISTRICT BHIND
(MADHYA PRADESH)
4. CHIEF MEDICAL AND HEALTH OFFICER
DISTRICT BHIND (MADHYA PRADESH)
.....RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT
NO.2)
WRIT PETITION No. 9837 of 2022
Between:-
1. DR. NAMRATA PEMDE D/O SHRI
YASHPAL PEMDE , AGED 29 YEARS,
OCCUPATION: CONTRACTUAL AYUSH
MEDICAL OFFICER, R/O NAI SADAK
LASHKAR, GWALIOR (MADHYA
PRADESH)
2. DR. PRIYANKA SHARMA W/O DR.
ASHISH PACHORI, AGED 34 YEARS,
OCCUPATION: CONTRACTUAL AYUSH
BARONI, DISTRICT DATIA (MADHYA
PRADESH)
3. DR. RAKSHA PANDEY W/O SHRI
RUPENDRA TIWARI, AGED 42 YEARS,
OCCUPATION: CONTRACTURAL AYUSH
MEDICAL OFFICER, R/O GANDHI
CHOWK TEHSIL BHANDER, DISTRICT
DATIA (MADHYA PRADESH)
.
....PETITIONERS
(BY SHRI GAURAV MISHRA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC HEALTH &
FAMILY WELFARE, VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. NATIONAL HEALTH MISSION
THROUGH MISSION DIRECTOR, ARERA
HILLS JAIL ROAD BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, DIRECTORATE OF
HEALTH SERVICESM DISTT. BHOPAL
(MADHYA PRADESH)
4. THE COLLECTOR, DISTRICT SHIVPURI
(MADHYA PRADESH) CHIEF HEALTH
AND MEDICAL OFFICER, DISTRICT
SHIVPURI (MADHYA PRADESH)
5. THE CHIEF HEALTH & MEDICAL
OFFICER, DISTRICT DATIA
.....RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT
NO.2)
WRIT PETITION No. 10079 of 2022
Between:-
1. DR. ASHISH SHARMA S/O DR. K.K.
SHARMA , AGED 32 YEARS,
OCCUPATION - UNEMPLOYED, R/O
SHATABDIPURAM, GWALIOR (MADHYA
PRADESH)
2. DR. SAWAN GUPTA S/O DR. VINOD
GUPTA , AGED - 29 YEARS, OCCUPATION:
UNEMPLOYED, R/O TANSEN NAGAR
GWALIOR (MADHYA PRADESH)
3. DR. MAYANL DIXIT S/O SHRI C.P. DIXIT,
AGED 33 YEARS, OCCUPATION:
UNEMPLOYED, R/O NAI SADAK
GWALIOR (MADHYA PRADESH)
4. DR. SALONI KHANDELWAL D/O PUNEET
KHANDELWAL , AGED 28 YEARS,
OCCUPATION: UNEMPLOYED, R/O
ACHLESHWAR VIHAR TANSEN NAGAR
GWALIOR (MADHYA PRADESH)
5. DR. PRIYANKA ANANT D/O SHRI GULAB
SINGH, AGED ABOUT 27 YEARS,
OCCUPATION: UNEMPLOYED, R/O
LAXMIGANJ GWALIOR (MADHYA
PRADESH)
6. DR. ARTI SHARMA D/O SHRI BAIJNATH
SHARMA, AGED 27 YEARS,
OCCUPATION: UNEMPLOYED, R/O
LAXMIGANJ GWALIOR (MADHYA
PRADESH)
7. DR. NEHA KAURAV D/O SHRI DAYAL
SINGH KAURAV, AGED 28 YEARS,
OCCUPATION: UNEMPLOYED, R/O
GOLE KA MANDIR GWALIOR (MADHYA
PRADESH)
8. DR. SWATI TIWARI D/O SHRI JITENDRA
TIWARI , AGED ABOUT 28 YEARS,
OCCUPATION: UNEMPLOYED, R/O
MOHANA GWALIOR (MADHYA
PRADESH)
9. DR. TOSHENDRA MISHRA S/O SHRI
UMAKANT MISHRA, AGED 32 YEARS,
OCCUPATION: UNEMPLOYED, R/O D.D.
NAGAR GWALIOR (MADHYA PRADESH)
10. DR. ATUL GHANGHORIYA S/O SHRI
MOHAN GHANGORIYA, AGED 31 YEARS,
OCCUPATION: UNEMPLOYED, R/O
POLICE LINE KAMPOO GWALIOR
(MADHYA PRADESH)
11. DR. ARTI GHANGORIYA D/O SHRI
MOHAN GHANGORIYA , AGED ABOUT 33
YEARS, OCCUPATION: UNEMPLOYED,
R/O POLICE LINE KAMPOO GWALIOR
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI PRASHANT SHARMA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH & FAMILY
WELFARE, VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. MISSION DIRECTOR, NATIONAL
HEALTH MISSION MADHYA PRADESH, 8
ARERA HILLS JAIL ROAD BHOPAL
(MADHYA PRADESH)
3. COLLECTOR. GWALIOR (MADHYA
PRADESH)
4. CIVIL SURGEON AND SUPERINTENDENT
OF HOSPITAL GWALIOR (MADHYA
PRADESH)
4. CHIEF MEDICAL AND HEALTH OFFICER
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT
NO.2)
WRIT PETITION No. 10253 of 2022
Between:-
1. DR. RISHABLEKHI S/O DR. RAJESH
LEKHI, AGED 31 YEARS, OCCUPATION:
UNEMPLOYED R/O 11 MANIK VILAS
COLONY, GWALIOR (MADHYA
PRADESH)
2. DR. HINA SHARMA D/O DR. ANIL
SHARMA , AGED 27 YEARS,
OCCUPATION UNEMPLOYED, R/O 11
MANIK VILAS COLONY, GWALIOR
(MADHYA PRADESH)
3. DR. GUNJAN WADHWANI D/O
SHRIJAIRAJ WADHWANI, AGED 28
YEARS, OCCUPATION UNEMPLOYED,
R/O SUN VALLEY, GWALIOR (MADHYA
PRADESH)
4. DR. CHANCHAL RANA D/O SHRI
SATYENDRA SINGH, AGED 28 YEARS,
OCCUPATION UNEMPLOYED, R/O ARYA
NAGAR, GALI, MORAR, GWALIOR
(MADHYA PRADESH)
5. DR. NEHA MEENA D/O SHRI RAM SINGH
MEENA, AGED 27 YEARS, OCCUPATION
UNEMPLOYED, R/O GOVINDPURI,
GWALIOR (MADHYA PRADESH)
6. DR. SONA RANA D/O SHRI RAMENDRA
SINGH, AGED 27 YEARS, OCCUPATION
UNEMPLOYED, R/O DABRA GWALIOR
(MADHYA PRADESH)
7. DR. SAURABH KUMAR S/O SHRI ASHOK
KUMAR, AGED 29 YEARS, OCCUPATION
UNEMPLOYED, R/O LAHAR ROAD
BHANDER DATIA (MADHYA PRADESH)
........PETITIONERS
(BY SHRI PRASHANT SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY
WELFARE, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. MISSION DIRECTOR, NATIONAL
HEALTH MISSION, MADHYA PRADESH, 8
ARERA HILLS, JAIL ROAD, BHOPAL
(MADHYA PRADESH)
3. COLLECTOR, GWALIOR (MADHYA
PRADESH)
4. CIVIL SURGEON AND SUPERINTENDENT
OF HOSPITAL, GWALIOR (MADHYA
PRADESH)
5. CHIEF MEDICAL AND HEALTH OFFICER,
GWALIOR (MADHYA PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH
STATE AND SHRI SANKALP SHARMA - ADVOCATE FOR
RESPONDENT NO.2)
WRIT PETITION No. 10431 of 2022
Between:-
1. DR. NARESH MISHRA S/O SHIV KUMAR
MISHRA, AGED 35 YEARS, OCCUPATION:
AYUSH CHIKITSAK, R/O NANA JI WALI
GALI, GANJBASODA, DISTRICT VIDISHA
(MADHYA PRADESH)
2. DR. SAURABH RAGHUWANSHI S/O SHRI
HIMMAT SINGH RAGHUWANSHI, AGED
29 YEARS, OCCUPATION: AYUSH
CHIKITSAK, R/O PACHMA BYPASS
ROAD, NEAR WINE SHOP, GANJBASODA,
DISTRICT VIDISHA (MADHYA PRADESH)
3. DR. SIKANDAR SINGH S/O NATHAN
SINGH, AGED 41 YEARS, OCCUPATION:
AYUSH CHIKITSAK, WARD NO. 3, NAI
BASTI, GANJBASODA, DISTRICT
VIDISHA (MADHYA PRADESH)
4. DR. SHAILEDNRA UDASI S/O DR. G.D.
UDASI, AGED 40 YEARS, OCCUPATION:
AYUSH CHIKITSAK, R/O WARD NO. 25,
SHIV VIHAR COLONY, SONTHAIYA
ROAD, VIDISHA (MADHYA PRADESH)
5. DR. MEGHA DUBEY D/O SHRI
RAJENDRA DUBEY, AGED 39 YEARS,
OCCUPATION: AYUSH CHIKITSAK, R/O
147, KRISHNA COLONY, DURGA NAGAR,
VIDISHA (MADHYA PRADESH)
6. DR. SHAKTI SINGH W/O SHRI KSHITIZ
SINGH, AGED 38 YEARS, OCCUPATION:
AYUSH CHIKITSAK, R/O 178/2 VANSH
VILLA, KILE ANDAR BALAJI MANDIR,
VIDISHA (MADHYA PRADESH)
........PETITIONERS
(BY SHRI AMIT LAHOTI WITH SHRI B.K. TYAGI -ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY,
AYUSH DEPARTMENT, MANTRALAYA,
GOVERNMENT OF MADHYA PRADESH,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. DIRECTOR, NATIONAL HEALTH
MISSION, 8-ARERA HILLS, JAIL ROAD
BHOPAL, DISTRICT BHOPAL (MADHYA
PRADESH)
3. COLLECTOR EX-OFFICIO CHAIRMAN
OF DISTRICT HEALTH COMMITTEE,
DISTRICT VIDISHA (MADHYA PRADESH)
4. CHIEF MEDICAL AND HEALTH OFFICER,
DISTRICT VIDISHA (MADHYA PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT
NO.2)
WRIT PETITION No. 11027 of 2022
Between:-
1. DR KAUSHLENDRA SHRIVASTAVA S/O
SHRI PURSHOTTAM SHRIVASTAVA,
AGED 35 YEARS, OCCUPATION: AYUSH
MEDICAL OFFICER OFFICER, ADDRESS
OFFICE OF CHIEF MEDICAL AND
HELATH OFFICER, GWALIOR, DISTRICT
GWALIOR (MADHYA PRADESH)
........PETITIONER
(BY SHRI ARVIND DUDAWAT - SENIOR ADVOCATE WITH SHRI
ARUN DUDAWAT - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH SECRETARY, DEPARTMENT
OF PUBLIC HEALTH AND FAMILY
WELFARE, MANTRALAYA VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. NATIONAL HEALTH MISSION THROUGH
MISSION DIRECTOR, ARERA HILLS, JAIL
ROAD, BHOPAL (MADHYA PRADESH)
3. COMMISSIONER, DIRECTORATE OF
HEALTH SERVICES, BHOPAL (MADHYA
PRADESH)
4. THE COLLECTOR DISTRICT GWALIOR
(MADHYA PRADESH)
5. CHIEF HEALTH AND MEDICAL OFFICER,
DISTRICT GWALIOR (MADHYA
PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR THE STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT
NO.2)
WRIT PETITION No. 11117 of 2022
Between:-
1. DR. JYOTI SINGH D/O SHRI TEHSILDAR
SINGH, AGED 27 YEARS, OCCUPATION:
DOCTOR R/O GANGA VIHAR COLONY,
GOLA KA MANDIR, GWALIOR (MADHYA
PRADESH)
2. DR. ANKIT TENEJA S/O SHRI AJAY
KUMAR TANEJA, AGED 29 YEARS,
OCCUPATION: DOCTOR R/O JAYENDRA
GANJ, GWALIOR (MADHYA PRADESH)
3. DR. SWETA KHARE D/O SHRI BADRI
PRASAD KHARE, AGED 28 YEARS,
OCCUPATION: DOCTOR R/O
SUGHANDHA APARTMENT,
GOVINDPURI, GWALIOR (MADHYA
PRADESH)
4. DR. SONAL SHARMA D/O SHRI
RAMNIWAS SHARMA, AGED 25 YEARS,
OCCUPATION: DOCTOR R/O B-32, BANK
COLONY, GOLE KA MANDIR, GWALIOR
(MADHYA PRADESH)
5. DR. KAPISHA GOYAL D/O SHRI KAILASH
GOYAL, AGED 27 YEARS, OCCUPATION:
DOCTOR R/O HARI SHANKAR PURAM
COLONY, GWALIOR (MADHYA
PRADESH)
6. DR. NIKHLESH TOMAR S/O SHRI
BALVEER SINGH TOMAR AGED 30
YEARS, OCCUPATION: DOCTOR R/O
PINTO PARK, GOLE KA MANDIR,
GWALIOR (MADHYA PRADESH)
7. DR. NILESH MAHESHWARI S/O SHRI
RAMSIYA MAHESHWARI AGED 38
YEARS, OCCUPATION: DOCTOR R/O
ASHOK COLONY, MORAR, GWALIOR
(MADHYA PRADESH)
8. DR. MANISH SHARMA S/O SHRI R.K.
SHARMA, AGED 31 YEARS,
OCCUPATION: DOCTOR R/O NEAR
PIPAL WALI MATA, BAHODAPUR,
GWALIOR (MADHYA PRADESH)
........PETITIONERS
(BY SHRI SURESH AGRAWAL - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
PRINCIPAL SECRETARY VALLABH
BHAWAN BHOPAL, BHOPAL, (MADHYA
PRADESH)
2. MISSION DIRECTOR NATIONAL HEALTH
MISSION MADHYA PRADESH 8 ARERA
HILLS JAIL ROAD BHOPAL, BHOPAL
(MADHYA PRADESH)
3. THE COLLECTOR, DISTRICT GWALIOR,
GWALIOR (MADHYA PRADESH)
4. CHIEF MEDICAL AND HEALTH OFFICER,
GWALIOR GWALIOR, GWALIOR
(MADHYA PRADESH)
5. CIVIL SURGEON AND SUPERINTENDENT
OF DISTRICT HOSPITAL, MORAR,
GWALIOR, GWALIOR, GWALIOR
(MADHYA PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT
NO.2)
WRIT PETITION No. 11307 of 2022
Between:-
DR MANENDRA SINGH S/O SHRI
BHOOPENDRA SINGH, AGED 30 YEARS,
OCCUPATION: DENTIST, R/O 122/1
GHOSPURA, GWALIOR (MADHYA
PRADESH)
........PETITIONER
(BY SHRI PRASHANT SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH,
THROUGH ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY
WELFARE, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. MISSION DIRECTOR, NATIONAL
HEALTH MISSION, MADHYA PRADESH, 8,
ARERA HILLS, JAIL ROAD, BHOPAL
(MADHYA PRADESH)
3. COLLECTOR, GWALIOR (MADHYA
PRADESH)
4. CIVIL SURGEON AND SUPERINTENDENT
OF HOSPITAL, GWALIOR (MADHYA
PRADESH)
5. CHIEF MEDICAL AND HEALTH OFFICER,
GWALIOR (MADHYA PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT
NO.2)
WRIT PETITION No. 11308 of 2022
Between:-
1. SMT KRISHNA OJHA W/O SHRI SANJAY
SHARMA, AGED 37 YEARS, OCCUPATION
UNEMPLOYED, R/O 24, BUGHA R K
DHAM, VINAY NAGAR, GWALIOR
(MADHYA PRADESH)
2. MUKESH PAL S/O SHRI RAM SINGH PAL,
AGED 41 YEARS, OCCUPATION
UNEMPLOYED, R/O HARI NIRMAL
TALKIES KE SAMNE, RAJA MUNSHI KI
PAYAU, NAI SADAK, LASHKAR,
GWALIOR (MADHYA PRADESH)
........PETITIONERS
(BY SHRI PRASHANT SHARMA - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH,
THROUGH PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY
WELFARE, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. MISSION DIRECTOR, NATIONAL
HEALTH MISSION, MADHYA PRADESH, 8,
ARERA HILLS, JAIL ROAD, BHOPAL
(MADHYA PRADESH)
3. COLLECTOR, GWALIOR (MADHYA
PRADESH)
4. CIVIL SURGEON AND SUPERINTENDENT
OF HOSPITAL, GWALIOR (MADHYA
PRADESH)
5. CHIEF MEDICAL AND HEALTH OFFICER,
GWALIOR (MADHYA PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT
NO.2)
WRIT PETITION No. 11391 of 2022
Between:-
1. KAUSHLENDRA SINGH YADAV S/O SHRI
SANTOSH SINGH YADAV, AGED 36
YEARS, OCCUPATION UNEMPLOYED,
R/O - 23, SHRI VIHAR COLONY NEAR
GHOSHIPURA RAILWAY STATION
LASHKAR, GWALIOR (MADHYA
PRADESH)
2. SANDEEP MOHITE S/O SHRI SURESH
RAO MOHITE, AGED - 33 YEARS,
OCCUPATION- UNEMPLOYED, R/O-
SHIVNAGAR GHOSHIPURA, GWALIOR
(MADHYA PRADESH)
3. JITENDRA SINGH NAGAR S/O SHRI
HARIRAM NAGAR, AGED - 26 YEARS,
OCCUPATION- UNEMPLOYED, R/O-
KASHIRAM SAHIB COLONY, MORAR
DISTRICT GWALIOR (MADHYA
PRADESH)
4. SAMAL KHAN S/O SHRI IMAM KHAN,
AGED - 30 YEARS, OCCUPATION-
UNEMPLOYED, R/O- NAKA
CHANDRABADNI, MUDIYA PAHAD GALI
NO. 4, LASHKAR GWALIOR (MADHYA
PRADESH)
5. NARESH KUMAR SAHU S/O SHRI
MURLIRAM SAHU, AGED - 48 YEARS,
OCCUPATION- UNEMPLOYED, R/O
NAKA CHANDRABADNI LASHKAR
GWALIOR (MADHYA PRADESH)
6. PRASHANT SHARMA S/O SHRI
OMPRAKASH SHARMA, AGED - 34
YEARS, OCCUPATION- UNEMPLOYED,
R/O- NAKA CHANDRABADNI LASHKAR
GWALIOR (MADHYA PRADESH)
........PETITIONERS
(BY SHRI PRASHANT SHARMA- ADVOCATE)
AND
1. STATE OF MADHYA PRADESH,
THROUGH PRINCIPAL SECRETARY,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. MISSION DIRECTOR, NATIONAL
HEALTH MISSION, MADHYA PRADESH,
8, ARERA HILLS, JAIL ROAD, BHOPAL
(MADHYA PRADESH)
3. COLLECTOR, GWALIOR (MADHYA
PRADESH)
4. CIVIL SURGEON AND
SUPERINTENDENT OF HOSPITAL,
GWALIOR (MADHYA PRADESH)
5. CHIEF MEDICAL AND HEALTH
OFFICER, GWALIOR (MADHYA
PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 11472 of 2022
Between:-
DR. VIRENDRA KUMAR UPADHAYAY S/O
SHRI HARIRAM SHARMA, AGE ABOUT
39 YEARS, OCCUPATION - DOCTOR, R/O
- 32, KUBER VIHAR COLONY KUBER
ASHRAM KE PASS THATIPUR GIRD
GWALIOR (MADHYA PRADESH)
........PETITIONER
(BY MS. JYOTI GAUTAM - ADVOCATE ON BEHALF OF MS.
SANGEETA PACHAURI - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH
THROUGH ITS PRINCIPAL SECRETARY,
DEPARTMENT HEALTH & FAMILY
WELFARE, VALLABH BHAWAN,
BHOPAL, MADHYA PRADESH
2. MISSION DIRECTOR, NATIONAL
HEALTH MISSION, MADHYA PRADESH,
8, ARERA HILLS, JAIL ROAD, BHOPAL,
MADHYA PRADESH
3. COLLECTOR GWALIOR MADHYA
PRADESH
4. CIVIL SURGEON AND
SUPERINTENDENT OF HOSPITAL,
GWALIOR MADHYA PRADESH.
5. CHIEF MEDICAL AND HEALTH
OFFICER, GWALIOR MADHYA PRADESH
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 11640 of 2022
Between:-
1. SATENDRA SIGH PAKSHWAR S/O SHRI
RAI SINGH PAKSHWAR, AGED 32 YEARS,
OCCUPATION UNEMPLOYED, R/O - NEW
MEHRA COLONY, BALAJI VATIKA KE
PASS THATIPUR, MORAR DISTRICT
GWALIOR (MADHYA PRADESH)
2. RAVI KUMAR SHRIWAS S/O LATE SHRI
SHRIKRISHNA SHRIWAS, AGED - 24
YEARS, OCCUPATION - UNEMPLOYED,
R/O- WARD NO.19, YADAV MOHALLA,
ATER DISTRICT BHIND MADHYA
PRADESH.
3. ARJUN SHAKYA S/O SHRI CHHATRAPAL
SHAKYA, AGED - 35 YEARS,
OCCUPATION - UNEMPLOYED, R/O-
VILLAGE & POST MASTURA, TEHSIL
BHITARWAR DISTRICT GWALIOR
MADHYA PRADESH
4. MUKESH KUMAR KHANNA S/O SHRI
RAMDHAR KHANNA, AGED - 45 YEARS,
OCCUPATION - UNEMPLOYED, R/O-
WARD NO.1, VILLAGE CHOMHO ATER
DISTRICT BHIND MADHYA PRADESH.
5. RAMKISHAN YADAV S/O SHRI
MATHURA LAL YADAV, AGED - 36
YEARS, OCCUPATION - UNEMPLOYED,
R/O- WARD NO.39, VILLAGE BILONIYA,
GUNA MADHYA PRADESH.
........PETITIONERS
(BY SHRI PRASHANT SHARMA- ADVOCATE)
AND
1. STATE OF MADHYA PRADESH,
THROUGH PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH & FAMILY
WELFARE, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. MISSION DIRETOR, NATIONAL HEALTH
MISSION, MADHYA PRADESH, 8, ARERA
HILLS, JAIL ROAD, BHOPAL MADHYA
PRADESH
3. COLLECTOR, GWALIOR (MADHYA
PRADESH)
4. CIVIL SURGEON AND
SUPERINTENDENT OF HOSPITAL,
GWALIOR (MADHYA PRADESH)
5. CHIEF MEDICAL AND HEALTH
OFFICER, GWALIOR (MADHYA
PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 11865 of 2022
Between:-
1. VIRENDRA DHAKAD S/O SHRI
RAMAVTAR DHAKAD, AGED - 27 YEARS,
OCCUPATION - UNEMPLOYED, R/O-
JIWAJIGANJ NIMBAJI KHOW HANUMAN
CHAURAHA, LASHKAR, GWALIOR
(MADHYA PRADESH)
2. KU. DHANWATI KUSHWAH D/O SHRI
ADARSH KUSHWAH, AGED - 32 YEARS,
OCCUPATION - UNEMPLOYED R/O 1-24,
JAGRATI NAGAR, LAXMIGANJ
LASHKAR GWALIOR (MADHYA
PRADESH)
........PETITIONERS
(BY SHRI PRASHANT SHARMA- ADVOCATE)
AND
1. STATE OF MADHYA PRADESH,
THROUGH PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH & FAMILY
WELFARE, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. MISSION DIRECTOR, NATIONAL
HEALTH MISSION, MADHYA PRADESH,
8, ARERA HILLS, JAIL ROAD, BHOPAL
MADHYA PRADESH
3. COLLECTOR, GWALIOR (MADHYA
PRADESH)
4. CIVIL SURGEON AND
SUPERINTENDENT OF HOSPITAL,
GWALIOR (MADHYA PRADESH)
5. CHIEF MEDICAL AND HEALTH
OFFICER, GWALIOR (MADHYA
PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 11983 of 2022
Between:-
MOIN KHAN S/O SHRI BASHIR KHAN,
AGED - 28 YEARS, OCCUPATION -
UNEMPLOYED, R/O -WARD NO. 7,
TEHSIL ROAD, BHITARWAR DISTRICT
GWALIOR MADHYA PRADESH
........PETITIONER
(BY SHRI PRASHANT SHARMA - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH & FAMILY
WELFARE, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. MISSION DIRECTOR, NATIONAL
HEALTH MISSION, MADHYA PRADESH,
8, ARERA HILLS, JAIL ROAD, BHOPAL
MADHYA PRADESH
3. COLLECTOR, GWALIOR (MADHYA
PRADESH)
4. CIVIL SURGEON AND SUPERINTENDENT
OF HOSPITAL, GWALIOR (MADHYA
PRADESH)
5. CHIEF MEDICAL AND HEALTH
OFFICER, GWALIOR (MADHYA
PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR THE STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 12042 of 2022
Between:-
1. DR. JYOTI SHARMA W/O SHRI ISHAN
SHARMA, AGED : 36 YEARS,
OCCUPATION: REMOVED EMPLOYEE.
R/O B-350, ANAND NAGAR, GWALIOR
(MADHYA PRADESH)
2. DR. GUNJAN YADAV W/O DR. NEELESH
YADAV, AGED : 26 YEARS, OCCUPATION:
REMOVED EMPLOYEE, R/O HARI-HAR
NAGAR, SAGARTAL ROAD, GWALIOR
(MADHYA PRADESH)
3. DR. SUNIDHI CHOUHAN D/O DR.
VIRENDRA SINGH CHOUHAN, AGED : 27
YEARS, OCCUPATION: REMOVED
EMPLOYEE, R/O FLAT NO.713, MODEL
TOWN, PUTLIGHAR ROAD, NEAR,
JIWAJI UNIVERSITY, GWALIOR
(MADHYA PRADESH)
........PETITIONERS
(BY SMT. SMRATI SHARMA- ADVOCATE)
AND
1. STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY,
PUBLIC HEALTH & FAMILY WELFARE
DEPARTMENT, GOVERNMENT OF
MADHYA PRADESH, VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. MISSION DIRECTOR, NATIONAL
HEALTH MISSION, MADHYA PRADESH,
8, ARERA HILLS, JAIL ROAD, BHOPAL
(MADHYA PRADESH)
3. COLLECTOR, DISTRICT : GWALOR
(MADHYA PRADESH)
4. CHIEF MEDICAL & HEALTH OFFICER,
GWALIOR (MADHYA PRADESH)
5. CIVIL SURGEON & SUPERINTENDENT,
DISTRICT HOSPITAL, MORAR,
GWALIOR (MADHYA PRADESH)
........RESPONDENTS
(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR TEH STATE
AND SHRI SANKALP SHARMA - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 13111 of 2022
Between:-
ADITYA KAUL, AGED ABOUT 30 YEARS,
S/O LATE SHRI R.K. KAUL,
OCCUPATION: STAFF NURSE, POSTED
AT GRMC GWALIOR, R/O RUKMANI
MARKET GOMTIPURA DABRA,
DISTRICT GWALIOR (MADHYA
PRADESH)
........PETITIONER
(BY SHRI D.S. RAGHUVANSHI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC HEALTH AND
FAMILY WELFARE, VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. THE CHIEF MEDICAL & HEALTH
OFFICER, DISTRICT GWALIOR
(MADHYA PRADESH)
........RESPONDENTS
(BY SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR THE
STATE)
----------------------------------------------------------------------------------------
This petition coming on for hearing this day, the Court passed the
following:
ORDER
By this common order, W.P. Nos. 11488/2022, 8859/2022,
9184/2022, 9494/2022, 9621/2022, 9752/2022, 9804/2022, 9837/2022,
10079/2022, 10253/2022, 10431/2022, 11027/2022, 11117/2022,
11307/2022, 11308/2022, 11391/2022, 11472/2022, 11640/2022,
11865/2022, 11983/2022, 12042/2022, 13111/2022 shall be dismissed.
2. The same questions of facts and law have been raised in all the writ
petitions. However, the petitioners were given appointment on the
following posts:-
S.No. Writ Petitions Post
3. For the sake of convenience, the facts of W.P. No.11488/2022 shall
be taken into consideration.
4. This petition under Article 226 of the Constitution of India has
been filed against the order dated 28.03.2022, by which it was held that
by circular dated 02.03.2022 permission was granted to hire man power
on temporary basis for effective management of Covid-19 Pandemic and
that permission was up to 31.03.2022. Since no funds would be available
from thereafter, therefore, services of temporary man power shall
automatically stand discontinued with effect from 01.04.2022.
5. It is submitted by the counsel for the petitioners that on account of
Covid-19 Pandemic as declared by World Health Organization, there was
a need of expert human resources from the medical fields to save the
lives of the patients and, therefore, the Central Government and State
Government issued certain guidelines for recruitment of expert medical
staff and for that purposes, Secretariat, Health Services issued circular
dated 25.03.2020 to deploy the employees of medical human resources
having the knowledge and experience in the field of medical science.
Accordingly, the applications were invited and the applications were to
be made to the Chief Medical and Health Officer and an agreement was
to be executed. The selected candidates were to undergo training for a
day and it is claimed that this recruitment was made against the vacant
sanctioned post. It is submitted that all the three petitioners are highly
qualified having all necessary degrees. The petitioners also applied in
response to the advertisements and, accordingly, their record were
scrutinized and they were found fit for appointment, therefore, District
Selection Committee recommended for their appointment. It is claimed
that after due process of recruitment was followed, the appointment
orders were issued. It is submitted that the petitioners were discharging
their duties to the utmost satisfaction of all concerned persons and their
services were extended from time to time and, accordingly, they were
discharging their duties on the post of Ayush Chikitsa Adhikari.
However, by the impugned order dated 28.03.2022, it has been informed
that services of human resources which were employed on account of
Covid-19 Pandemic, shall stand discontinued with effect from
01.04.2022. It is submitted that discontinuation of the persons who had
served the State by putting their lives in jeopardy during Covid-19
Pandemic is bad and is arbitrary and unjust. No show cause notice or any
opportunity of hearing was accorded to the petitioners. The order under
challenge is a stigmatic and was passed in utter violation of principle of
natural justice. In fact, the respondent No. 2 vide its order dated
20.04.2021 has informed to all the Collectors that they have sufficient
funds for appointment of contractual employees till 31.03.2026. It is
further submitted that it is well established principle of law that an adhoc
employee should not be replaced by another adhoc employee. It is not the
case of the respondents that they are not in need of Ayush Chikitsa
Adhikari. On the contrary, National Health Mission has kept various
epidemiologist on contract basis which is evident from order dated
31.03.2022.
6. Per contra, the petition is vehemently opposed by the counsel for
the State as well as counsel for the respondent No.2. It is submitted by
the counsel for the respondent No. 2 that it is clear from the appointment
orders that the appointments were made on temporary basis by way of
time gap arrangement in order to combat Covid-19 Pandemic only and
the petitioners were required to discharge their duties only for the said
purposes. It was specifically mentioned in the appointment order that
services shall be temporary in nature and shall not be considered either
for regularization or for providing contractual services. It is submitted
that once the petitioner had accepted the appointment on the aforesaid
condition, then they are estopped from claiming regularization or
continuation in job. By referring to the letter dated 25.03.2020 by which
the applications were invited under the orders of Secretariat, Health
Services, it is submitted by the counsel for the respondent No. 2 that as
per Clause IV, it was specifically mentioned that the services shall be
temporary in nature and shall be taken as an emergency service and shall
not be taken into consideration either for regularization or for contractual
services. It was also mentioned that the appointments were to be made
for three months which can be extended or reduced as per the
requirement and after the contractual period is over, the appointment
order shall automatically come to an end. It was also mentioned that the
services of human resources shall be taken in District Hospitals or in
Covid-19 control operation centers only. Thus, it is submitted that the
appointments of the petitioners were purely for combating Covid-19
Pandemic because of unprecedented medical emergency. It is further
submitted that it is incorrect to say that the funds are available. For hiring
human resources for the purposes of combating Covid-19 Pandemic,
funds were made available by the Central Government and now the said
funds have been discontinued. It is submitted that the funds were not
given to the National Health Mission directly, but they were to route
through the State of Madhya Pradesh.
7. So far as the availability of funds for other purposes is concerned,
since the funds which are being provided by the Central Government are
not for the purposes of combating Covid-19 Pandemic, therefore, it is
incorrect to say that the respondent No. 2 can divert the other funds for
combating Covid-19 Pandemic.
8. In reply to the order dated 31.03.2022 passed by National Health
Mission (Annexure P-9), it is submitted by the counsel for the petitioners
that the said order has nothing to do with the controversy involved in the
present case. From the plain reading of the order, it is clear that initially
the Epidemiologists were hired through outsource agency namely
Strategic Alliance Management Services Private Limited.
Epidemiologists who are mentioned in the order dated 31.03.2022 were
already working with the respondent No. 2. By the said order, they have
been adjusted with the National Health Mission. It is not a new
appointment and those persons were already working on contractual
basis.
9. In reply, it is submitted by the counsel for the petitioners that in
fact, the Government is still in need of human resources which is evident
from letter dated 25.04.2022 written by CMHO, District Datia to Mission
Director, National Health Mission, Bhopal. According to which, the
CMHO, Datia had expressed that 8 Lab Technicians, 6 Staff Nurses, 4
Scientists, 6 Computer Operators, 4 ANM and 4 supporting staff are
required to carry out the RTPCR tests and other course. Counsel for the
petitioner has also relied upon the judgment passed by the Supreme
Court in the case of Manish Gupta and another ETC. ETC. Vs.
President, Jan Bhagidari Samiti and others ETC. ETC. by judgment
dated 21.04.2022 passed in Civil Appeal No.3084-3088 of 2022 in
which it was held that the adhoc employee cannot be replaced by another
adhoc employee and he can be replaced only by another candidate who is
duly appointed by following a regular procedure prescribed. It is
submitted that action of the respondents is bad.
10. Heard the learned counsel for the parties.
11. Counsel for the petitioners could not refute the submissions made
by the counsel for the respondent No. 2 that the fund which was being
made available by the Central Government for hiring the human
resources for combating Covid-19 Pandemic has been discontinued.
Thus, the respondent No. 2 is right in submitting that because of non-
availability of fund, the services of the petitioners cannot be continued.
Any other fund received for any other purposes cannot be diverted for its
utilization for continuing the services of the petitioners who were given
appointment order with a specific rider that the said appointment is
purely on temporary basis without any right to claim the regularization or
service on contract basis and it was also specifically mentioned that the
persons who are appointed on emergency basis shall serve either in
District Hospitals or in Covid Control Operation Centers. The
appointment of the petitioners was initially for a period of three months
with the discretion to extend or reduce. Thus, it is clear that the
petitioners had joined the services even after knowing-fully well that
their appointment is on emergency basis for combating unprecedented
situation arisen on account of Covid-19 Pandemic only. They were not
appointed for doing any regular medical services. The petitioners could
not point out even the single circumstance which may indicate that there
was any promissory estoppel on the part of the respondents.
12. Counsel for the petitioners has relied upon the letter dated
20.04.2021, according to which Finance Department has written to all the
departments of the State Government to the effect that the temporary
posts shall continue till 31.03.2026.
13. It is sufficient to mention that this order is not applicable to the
petitioners or the National Health Mission for the reason that the said
order is in relation to the Government Employees who were employed on
temporary basis. The petitioners were initially employed for a period of
three months for combating Covid-19 Pandemic by National Health
Mission. Therefore, they cannot be equated with the employees working
on temporary basis in different departments of the State of Madhya
Pradesh. Appointment of the petitioners was purely on contractual basis
with a solitary moto to combat Covid-19 Pandemic which was an
unprecedented medical emergency.
14. Furthermore, counsel for the petitioners could not point out as to
how any right was created in their favour to claim regularization or
continuation in services specifically when it was mentioned in the
advertisement itself as well as in the appointment order that the services
rendered by the petitioners on contractual basis in order to combat
Covid-19 Pandemic shall not be taken into consideration either for
regularization or for contractual basis. The Coordinate Bench of this
Court in the case of Ashta Dubey Vs. State of Madhya Pradesh and
others by order dated 17.05.2022 passed in W.P. No.11096/2022 has also
dismissed the similar set of writ petitions with the following
observations:-
"Taking these facts into consideration and after
going through the material available on record, it is
evident that petitioner has not been able to establish any
of her rights to continue on the post which was in the
form of temporary employment on contract basis.
Petitioner has not been able to demonstrate from records
that any person is being taken in place of petitioner,
thereby principles of replacing one set of contractual
employees to another set of contractual employees may
come into play. Since petitioner has not been able to
demonstrate her right to continue on a purely temporary
assignment and has also not been able to demonstrate that
there is any replacement with another set of contractual
employees, petitioner has no right to continue on the post
and the interim order of the co-ordinate Bench will not be
applicable in as much as this fact was probably not
brought to its notice that post of Scientist-B are not be
filled up by another set of contractual employees.
In view of such facts, the petition fails and is
dismissed."
15. This Court has also come to a conclusion that the petitioners have
failed to show that the respondents are hiring the services of other human
resources on contractual basis.
16. So far as the letter dated 25.04.2022 written by CMHO, Datia is
concerned, it is suffice to mention that it is confined to District Datia
only. Further, this Court in exercise of power under Article 226 of the
Constitution of India cannot direct the employer to make appointment.
Even a selected employee does not have a right to claim that the
recruitment process should be taken to a legitimate end.
17. Under these circumstances, where the respondent No. 2 is not
getting any fund from the Central Government for employing the human
resources for combating Covid-19 Pandemic, then the respondent No. 2
cannot be directed to divert other funds for continuing the services of the
petitioners.
18. Accordingly, the petition sans merits and is hereby dismissed.
(G.S. AHLUWALIA)
JUDGE
Abhi
ABHISHEK
CHATURVEDI
2022.07.05
20:27:30 +05'30'
