Case Note & Summary
The writ petition under Article 226 of the Constitution of India was filed by Kasinathadurai, a Yoga instructor holding a Diploma in Yoga (2007) and M.Sc. Yoga (2019), challenging two orders: the order of the second respondent dated 19.07.2021 in Ref.No.9226/E1/3/2021 and the order of the third respondent dated 15.07.2021 in Letter No.25388/1M2/2021-1. These orders directed that preference be given to candidates with a Bachelor of Naturopathy and Yogic Sciences (BNYS) degree for engagement as Yoga Instructors at Ayush Health and Wellness Centres under the Ayushman Bharat scheme, and only if BNYS candidates were unavailable could other eligible persons be engaged. The petitioner contended that this preference violated the Operational Guidelines of Ayushman Bharat issued by the National Health Mission, Government of India, which stated that Yoga Teachers already available in the locality with Certification/Diploma/Degree from a recognized body and currently practicing/teaching Yoga may be deployed at Health and Wellness Centres. The petitioner, who was working as an independent Yoga instructor at schools, colleges, and NGOs, argued that the State Government could not insist upon a degree qualification not in consonance with the central instructions and that the scheme was designed to favour certain candidates and exclude qualified Yoga instructors. The respondents, relying on the counter affidavit of the second respondent and a coordinate bench judgment in WP(MD)No.23444 of 2023, submitted that the State Government/Union Territories are empowered to implement the scheme by their own State Health Policy to provide quality public health care, and that only Yoga medical professionals with BNYS degree need to be engaged to treat patients in hospitals/clinics. They further contended that Sports persons cannot be compared with Health Wellness Centers and that engaging BNYS degree holders would be more beneficial and effective for patients. The court noted that the Ayush Wellness Centres were established in 48 Indian Medicine Dispensaries in Tamil Nadu under the Central Sponsored Scheme of Ayushman Bharat. The final decision of the court is not provided in the extracted text.
Headnote
A) Constitutional Law - Judicial Review - Article 226 Constitution of India, 1950 - Writ of Certiorari and Mandamus - Challenge to State orders preferring BNYS degree holders for Yoga Instructor posts under Ayushman Bharat scheme, allegedly violating Central Operational Guidelines. The court examined whether the State could prescribe higher qualification (BNYS) contrary to guidelines that allowed Certification/Diploma/Degree from recognized body. Petitioner argued central guidelines prevail; respondents argued State empowered to implement scheme with quality healthcare standards. Court noted the centres were established under central sponsored scheme in 48 dispensaries. (Paras 9-12)
B) Administrative Law - Qualification Prescription - Ayushman Bharat Operational Guidelines - State's power to set eligibility criteria - The dispute centered on whether preference to BNYS degree was permissible; respondents cited powers under State health policy and need for qualified professionals. Petitioner contended exclusion of M.Sc. Yoga holders was illegal and arbitrary. (Paras 10-11)
Issue of Consideration
Whether the impugned orders passed by the State Authorities/Respondents 2 and 3, excluding all other qualified persons, like the Petitioner herein, but including the BNYS Degree Holders for appointment to the post of Yoga Instructors in the AYUSH Wellness Centres located in India Medicine Dispensaries, are sustainable or not?
Law Points
- Constitutional law
- judicial review
- Article 226
- writ of certiorari and mandamus
- eligibility criteria
- State's power to prescribe qualifications
- Central Operational Guidelines
- Ayushman Bharat Scheme
- BNYS degree preference
Case Details
2025 LawText (MAD) (04) 19
Mr.Angusamy for Mr.P.Kumar (Petitioner), Mr.B.Ponnu Pandi, CGSC-R1, Mr.S.Vinoth, GA-RR2 and 3
Kasinathadurai, S/o. Velu
1. The Secretary to the Government of India, Ministry of Ayush; 2. The Director, Indian Medicine and Homeopathy; 3. The Principal Secretary to Government, Health and Family Welfare Department; 4. The Secretary, State Ayush Society
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging orders prescribing preference for BNYS degree holders for engagement as Yoga Instructors under Ayushman Bharat scheme.
Remedy Sought
Petitioner sought a Writ of Certiorari and Mandamus to quash the order of the 2nd Respondent dated 19.07.2021 and the order of the 3rd Respondent dated 15.07.2021 as illegal, arbitrary, and in violation of the Operational Guidelines of Ayushman Bharat.
Filing Reason
The impugned orders gave preference to candidates with BNYS degree over other eligible Yoga instructors like the petitioner, allegedly contrary to the Central Operational Guidelines which allowed Certification/Diploma/Degree from recognized bodies.
Issues
Whether the impugned orders passed by the State Authorities/Respondents 2 and 3, excluding all other qualified persons, like the Petitioner herein, but including the BNYS Degree Holders for appointment to the post of Yoga Instructors in the AYUSH Wellness Centres located in India Medicine Dispensaries, are sustainable or not?
Submissions/Arguments
Petitioner argued that as per Operational Guidelines of Ayushman Bharat, local Yoga Instructors with Certification/Diploma/Degree from recognized body are to be engaged preferably, and the impugned orders giving preference to BNYS degree are illegal and arbitrary.
Petitioner contended that the AYUSH Wellness Scheme is a Central Government Scheme and the qualification prescribed by Ministry of AYUSH should be followed by State Government; they cannot insist upon a Degree Qualification not in consonance with central instructions.
Petitioner alleged that the State scheme insisting for BNYS Degree is designed to favour certain candidates and exclude qualified Yoga Instructors, contrary to Ayushman Bharat Scheme.
Respondents submitted that State Government/Union Territories are empowered to implement the scheme by their State Health Policy to provide quality health care to patients, and Sports Persons cannot be engaged to give treatment to patients in Hospitals/Clinics.
Respondents argued that only Yoga Medical Professionals with BNYS Degree need to be engaged to provide quality public health care, and engaging BNYS Degree holders would be more beneficial and effective to patients.
Respondents further contended that unless a Degree recognised by University is prescribed as qualification, there is likelihood of unqualified persons being appointed based on certificates from unknown or unrecognized organizations.
Judgment Excerpts
The issue that arises for consideration in the present Writ Petition is as to whether the impugned orders passed by the State Authorities/Respondents 2 and 3, excluding all other qualified persons, like the Petitioner herein, but including the BNYS Degree Holders for appointment to the post of Yoga Instructors in the AYUSH Wellness Centres located in India Medicine Dispensaries, are sustainable or not?
According to the Petitioner, he possessed Diploma in Yoga and also a Masters Degree in Yoga and now, he is working as an Independent Yoga Instructor at Schools, Colleges and NGO's, as per their demand.
However, it is the case of the Respondents that though the Central Government issued guidelines for engagement of Yoga Teachers, who are having Certification/Diploma/Degree from a recognized body and who are currently practicing/teaching Yoga have to be engaged at HWCs, the State Government/Union Territories are empowered to implement the scheme by their own respective State Health Policy to provide quality health care to the patients and accordingly, the State Government passed the impugned orders, giving preference to the Candidates with BYNS Degree and hence, the Petitioner, who is having only a Master Degree in Yoga, cannot be considered for such appointment.
Be that as it may, it is not in dispute that these AYUSH Wellness Centres have been established in 48 Indian Medicine Dispensaries in the State of Tamil Nadu under the Central Sponsored Scheme of AYUSHAMAN BHARATH, with 4
Procedural History
The petitioner filed WP(MD)No.13342 of 2021 under Article 226 of the Constitution of India seeking certiorari and mandamus to quash the orders dated 15.07.2021 and 19.07.2021. The second respondent filed a counter affidavit. The court heard the counsel for petitioner and respondents on 07.04.2025, reserved the judgment, and pronounced it on 25.04.2025.
Acts & Sections
- Constitution of India: Article 226
