Civil Writ Petition No. 4342 of 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 4342 of 1989 Date of decision: 22.10.2009 Sharda Ram Brahmania and others ...petitioners Versus Government of India and others ...respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. R.S. Longia, Advocate for the petitioners. ***** RANJIT SINGH, J A scheme to provide primary health services to villagers was started in the year 1977. Its name was changed to Village Health Volunteers Scheme in 1981 and subsequently to Village Health Guides Scheme in 1985. Both males and females were detailed as Health Guides. The petitioners were appointed as Health Guides between 1/78 to 1/79 with the stipend of Rs.50/- per month. Government of India was to make payment for medicines and the stipends. Willing workers/social workers, who are not employed anywhere were picked up from the villages. They were to provide first aid to villagers and were required to look after the village population for various diseases. Health Guides were required to assist the District Administration Health employees. The petitioners were appointed as Health Guides by Haryana Government. The petitioners were given 3 months training and thus they started rendering services in the villages. They would claim to be a permanent government agents for the purpose of supply of medicines. The Government of India issued a letter on 9.5.1986 Civil Writ Petition No. 4342 of 1989 2 giving certain instructions to discontinue male health guides w.e.f. 1.7.1986. Taking the action to be arbitrary and discriminatory only on the ground of sex, male guides working into the State of Karnataka accordingly filed Civil Writ Petition No. 110/53 of 1986 and the operation of this order was stayed. Thereafter, these instructions were discontinued. Though this scheme was continued in another State but in State of Haryana the effect of communication was not removed. The petitioner accordingly made a representation for issuing the instructions to the State Government to continue the scheme as was done in other States. The Government of India subsequently issued another letter dated 15.5.1987, Annexure P-4 intimating that it had already informed the States and Union Territory not to discontinue the Male Health Guides scheme. The petitioners have filed this writ petition seeking direction to the State of Haryana to comply with communication Annexure P-4 from Government of India. They have filed this writ petition to challenge the action of the State Government in discontinuing the scheme and have prayed for direction to provide medicines kits and stipend to the Male Health Guides. In the reply filed, State counsel has rightly raised the objection about the maintainability of writ petition. It is stated that no fundamental or constitutional rights of the petitioners have been infringed to entitle them to maintain this writ petition. The writ petition is also stated to be time barred. It is further pointed out that the petitioners were never appointed/selected. They were only paid honorarium of Rs. 50/- per month on the basis of volunteer service performed by the petitioners. It is further pointed out that these Civil Writ Petition No. 4342 of 1989 3 Health Guides were primarily meant for educating and motivating the rural people of their own villages to accept the available health care services including the family welfare and maternity and child health services. At the very outset, it was pointed out to the counsel for the petitioner as to how this writ petition would be maintainable. Certainly no legal or constitutional right had been violated, which could be challenged in the writ petition. Prayer made in the writ petition is to seek enforcement of a communication from the Central Government to the State Counsel. Annexure P-4 is a letter intimating the individuals that the State has been informed not to discontinue the Male Guides. This communication is certainly not enforceable as a right. The first prayer made in the writ petition is for directing the respondents to supply medicine kits. The petitioners would not have any right to receive medicine kits for which enforceable directions can be issued to the State-respondent. Second prayer is to release their stipend which is sum of Rs. 50 per month. Once the scheme of male Health Guides has been discontinued, then stipend would not be payable. Otherwise also the petitioner has not shown breach of any legal or fundamental right, for which the writ jurisdiction is required to be exercised. The petitioners have not challenged the action of the State Government to discontinue the scheme in the writ petition. I am thus of the view that writ petition is misconceived and thus deserves to be dismissed. It is so ordered. There shall, however, be no order as to costs. October 22, 2009 ( RANJIT SINGH ) rts JUDGE