the recruitment process for the post of a Homoeopathic Officer for a Gram Panchayat Level Dispensary situated at Jhilu–I Gram Panchayat under Mongalkote Block in the district of Burdwan= the Guidelines for engagement of part-time Homoeopathic doctors in the Gram Panchayat Level Dispensaries are not related to the Guidelines for engagement of ‘AYUSH’ doctors for Gram Panchayat Level Dispensaries which falls under the National Rural Health Mission. As such, the ad-interim prayer of the petitioner is not entertained since this Court is, prima facie, satisfied that the Guidelines for recruitment of ‘AYUSH’ doctors is under a separate Scheme altogether which has no rational nexus with the Guidelines as contained in the notification dated 22nd February, 2010

1 43 11.01.2012 pg. WP No. 22635 (W) of 2011 Dr. Abdul Basar Vs. State of West Bengal & Ors. Mr. Subir Sanyal Mr. Saikat Banerjee Md. Hasanuz Zaman … For the petitioner Mr. Ram Mohan Pal … For the State Supplementary affidavit filed by the petitioner in Court today be kept on record. The petitioner participated in the recruitment process for the post of a Homoeopathic Officer for a Gram Panchayat Level Dispensary situated at Jhilu–I Gram Panchayat under Mongalkote Block in the district of Burdwan and was asked to appear for an interview for his engagement as an ‘AYUSH’ doctor on 16th December, 2011, at the office of the concerned Block Development Officer. Subsequently, the petitioner came to learn that he was selected on merit as an ‘AYUSH’ doctor for Jhilu–I Gram Panchayat. Later, however, the petitioner came to learn further that despite being selected on merit, his name would not be forwarded by the concerned Block 2 Development Officer to the higher authorities for ratification and for according approval since he had crossed the upper age limit as prescribed in a Guideline dated 22nd February, 2010, issued by the Chief Executive Officer, West Bengal State Rural Development Agency. Relying on a judgment of the Supreme Court in Dr. Rajinder Singh Vs. State of Punjab & Ors. reported in (2001) 5 SCC 482, the learned advocate for the petitioner submits that it is the settled proposition of law that no Government Order or Notification or Circular or Guidelines can be a substitute of a Statutory Rule framed under authority of law. He further submits that in the facts of the instant case there is already a statutory ‘Scheme’ prevailing since 1988, which had been brought into effect by a notification dated 23rd May, 1988, issued by the Department of Health and Family Welfare, Government of West Bengal, in exercise of power conferred by sub-section (3) of section 160, read with section 212, of the West Bengal Panchayat Act, 1973. He also submits that in this statutory ‘Scheme’ which is still in force, it has been categorically stated that there shall not be any upper age limit in case of recruitment of parttime Homoeopathic doctors for the Gram Panchayats in 3 West Bengal, provided, it is ensured that the selected candidates are physically fit and mentally alert for performing their duties. It appears, prima facie, that the Guidelines for engagement of part-time Homoeopathic doctors in the Gram Panchayat Level Dispensaries are not related to the Guidelines for engagement of ‘AYUSH’ doctors for Gram Panchayat Level Dispensaries which falls under the National Rural Health Mission. As such, the ad-interim prayer of the petitioner is not entertained since this Court is, prima facie, satisfied that the Guidelines for recruitment of ‘AYUSH’ doctors is under a separate Scheme altogether which has no rational nexus with the Guidelines as contained in the notification dated 22nd February, 2010. However, the matter may be finally decided on affidavits. Accordingly, let affidavit-in-opposition be filed within three weeks from date. Reply, if any, a fortnight thereafter. Let this matter appear for further consideration under the heading “For Final Disposal” in the monthly combined 4 list to be published for the month of March, 2012. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. (Biswanath Somadder, J.)