IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO. 8407 OF 2019 (GM-RES) PIL BETWEEN:
DR. ANAND S. K. AGE: 32 YEARS OCC: DOCTOR R/O AGASTYA AYURVEDA 98/1, SURA COMPLEX RAJKUMAR ROAD BALLARI-583 101 (BY SRI. VENKATESH R BHAGAT, ADV.) AND 1. THE UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF LAW AND JUSTICE (DEPARTMENT OF LEGAL AFFAIRS) SHASTRI BHAVAN NEW DELHI-110 001 ... PETITIONER 2. THE MINISTRY OF HEALTH & FAMILY WELFARE GOVERNMENT OF INDIA THROUGH ITS SECRETARY NEAR UDYOG BHAVAN METRO STATION MAULANA AZAD ROAD NEW DELHI-110 011 3. MINISTRY OF AYUSH GOVERNMENT OF INDIA THROUGH ITS SECRETARY AYUSH BHAVAN, B BLOCK GPO COMPLEX, INA NEW DELHI-110 023 4. THE STATE OF KARNATAKA THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU-560 001 5. DIRECTORATE OF AYUSH MINISTRY OF HEALTH & FAMILY WELFARE GOVERNMENT OF KARNATAKA DHANWANTRI ROAD BENGALURU-560 009 6. MISSION DIRECTOR (NATIONAL HEALTH MISSION) DEPARTMENT OF HEALTH & FAMILY WELFARE GOVERNMENT OF KARNATAKA DIRECTORATE OF HEALTH & FW SERVICES 1ST FLOOR, NEW BUILDING ANANDARAO CIRCLE BENGALURU-560 001 7. THE HEALTH COMMISSIONER HEALTH FAMILY WELFARE AND AYUSH SERVICES ANANDRAO CIRCLE BENGALURU-560 001 ... RESPONDENTS (BY SMT. BIRDY AIYAPPA, CGC FOR R1 TO R3 SRI. VIJAY KUMAR Y. H., PRL. GA FOR R4 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 23.1.2019 ISSUED BY THE R-6 HEREIN ANNEXURE-F.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER Notification dated 23.01.2019 issued by the Mission Director, National Health Mission, calling for applications to the post of MLHP (Mid-level Health Provider) has been challenged in this writ petition.
2. Sri Venkatesh R. Bhagat, learned counsel for the petitioner submits that he represents all the members of Ayush and BAMS. He further submits that the said notification causes injury to the public at large and this petition is filed in order to prevent the injury. He submits that the requisite qualification for appointment to the post of MLHP is B.Sc. (Nursing) / Post Basic Nursing qualification or equivalent qualification from an institution recognized by State / Indian Nursing Council / M.Sc. (Nursing) with specialization in community health / Primary Health care from an institution recognized by State / Indian Nursing Council. The persons who get selected as MLHP are supposed to attend patients of hypertension, diabetes, chronic respiratory illness, cancers, epilepsy, mental illness, etc.
Prayer made by the petitioner and the submissions made by the learned counsel goes to the root of the individual interest or subjective interest which will come in the way of filing PIL. If at all petitioner wants particular qualification to be included as a requisite qualification, it is for the concerned parties to approach the Court and they are not supposed to file PIL. We do not find any public interest in this petition. Under these circumstances, this writ petition is liable to be dismissed. Accordingly the same is dismissed. However, liberty is reserved to the petitioner to approach the competent authority.
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ACTING CHIEF JUSTICE Sd/- JUDGE VP