Bihar State Homeopathic Medical Officers Association And Ors vs State Of Bihar And Ors

Petitioners have prayed for the following relief(s):-

(i) For direction to the Principal Secretary, Health Department, Government of Bihar to decide the pending representation of the petitioners submitted

vide letter No. 09 dated 20.11.2019 to review the resolution No. 25 dated 13.01.1998 regarding proportionate distribution of post of Ayush Doctor to

be filled up in the State Government in the ratio of Ayurvedic-40%, Homeopathic-40% and Unani-20% in the 1ight of number of medical practitioner

registered in Bihar state Ayurvedic and Unani medical Council and Bihar State Homoeopathic Medical Board under the Health Department of Bihar.

(ii) Further issuance of writ in the nature of mandamus for direction to the respondent authorities to Consider and decide the ratio of distribution of

post/seats of Ayush Doctor i.e. Ayurvedic, Homeopathic and Unani in proportionately in the ratio of 40:40:20 in the State of Bihar in the 1ight of

number of medical practitioner registered in Bihar state Ayurvedic and Unani medical Council and Bihar State Homoeopathic Medical Board under

the Health Department of Bihar as the number of Ayurvedic Doctors 33845, Homeopathy Doctors 33426 and Unani Doctors 5150 on the basis of

RTI information supplied by both by the council in year 2019 and 2020.

(iii) For direction to the Health Department to decide the representation of the petitioners submitted vide letter No. 09 dated 20.11.2019 regarding

proportionate share of seat distribution in the light of number of registered medical practitioner in the Ayush System in the Health Department and the

decision of the Health Department should be implemented in Advertisement No. 04/2020 to 09/2020 issued by the Bihar Technical Service

Commission, Government of Bihar under signature of the Secretary, Bihar Technical Service Commissioner, Patna dated 28.09.2020.

(iv) And/or any other relief/reliefs admissible under the law in the light of factual profile of this case in the interest of justice and law of equity before

the law.â€​

Learned counsel for the State opposes the petition stating that the petition is misconceived; raises disputed question of fact; is not in public interest;

and that the issue can be best resolved at the Government level by the appropriate authorities.

After the matter was heard for some time, learned counsel for the petitioners submits that petitioners shall be content if a direction is issued to the

respondent no. 2, namely, The Principal Secretary, Department of Health and Family Welfare (AYUSH), Government of Bihar, Vikash Vhawan,

New Secretariat, Patna, to consider and decide the representation which the petitioners shall be filing afresh for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioners within a period of two weeks, the authority

concerned shall consider and dispose it of expeditiously and preferably within a period of two months from the date of its filing along with a copy of

this order.

Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioners takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the

same shall be dealt with, in accordance with law and with reasonable dispatch.

Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the

parties.

Liberty reserved to the petitioners to approach the Court, if the need so arises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits. All issues are left open.

The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree

to meet in person i.e. physical mode.

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, also stands disposed of.