S.Sakthivelu, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.7618 of 2019 S.Sakthivelu ... Petitioner Vs.

1.The Principal Secretary to Government of India, Ministry of Health and Family Welfare, New Delhi.

2.The Additional Secretary, Mission Director, National Rural Health Mission, Ministry of Health and Family Welfare, New Delhi. 3.The Principal Secretary to Govt. of Tamilnadu, Department of Health and Family Welfare, Secretariat, Chennai.

4.The Mission Director, National Health Mission, Tamilnadu, Teynampet, Chennai.

5.The Mission Director, State Health Mission, Teynampet, Chennai.

1/4

6.The Director of Public Health and Preventive Medicine, Teynampet, Chennai.

7.The Director of Medical and Rural Health Services, Teynampet, Chennai.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent 3 to 7 to include the AYUSH doctors, in the mobile team formed in the block level under Rashtriya Bal Swasthya Karyakram (RBSK)Scheme.

For Petitioner : Mr.P.Ganapathi Subramaniam For R1 & R2 : Mr.C.Nanda Gopal, Central Government Senior Panel Counsel For R3 to R7 : Mr.P.Thilak Kumar, Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief as sought for in the Writ Petition is to direct the respondents 3 to 7 to include AYUSH doctors in the mobile team formed in the block level under Rashtriya Bal Swasthya Karyakram (RBSK)Scheme. 2.Constitution of mobile team is prerogative of the Government. It is to be done in consultation with the medical experts and the Court cannot substitute 2/4

its views regarding the constitution of medical team to provide treatment to the public in general. The relief as such sought for is misconceived. Therefore, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S., J.) & (A.D.M.C., J.) 30.06.2025 (2/2) NCC : Yes / No Index : Yes / No Yuva To 1.The Principal Secretary to Govt. of Tamilnadu, Department of Health and Family Welfare, Secretariat, Chennai.

2.The Mission Director, National Health Mission, Tamilnadu, Teynampet, Chennai.

3.The Mission Director, State Health Mission, Teynampet, Chennai.

4.The Director of Public Health and Preventive Medicine, Teynampet, Chennai.

5.The Director of Medical and Rural Health Services, Teynampet, Chennai.

3/4

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 30.06.2025 (2/2) 4/4