ORDER S.H.A. Raza, J. - Petitioners have invoked the jurisdiction of this Court under Article 226 of the Constitution of India by filing this writ petition praying inter alia that the advertisement dated 9-5-1989 contained in Annexure-5 be quashed and a writ in the nature of mandamus be commanded not to replace the members of the petitioner and to regularise their services treating them to have been appointed on ad hoc basis and to give them full salary and allowances to the members of the petitioner-association on the posts of Medical Officers and allow them to continue on their respective posts. 2. On 14-7-87 the State Government issued an order providing that the posts which are lying vacant in various Government hospitals in Hill Region of the State may be filled in by appointing Medical Officers belonging to Allopathic, Ayurvedic and Unani system of medicines against the posts of male/ female Medical Officers belonging to Allopathic system of medicines. A large number of vacancies were available on which M.B.B.S. full time doctors were required to be posted, but as they were not available and since ad hoc/regular appointments of allopathic doctors were likely to take some time, therefore, in the public interest the Government issued the order to appoint part time daily wages MBBS doctors vide G.O. dated 16th August, 1985. Since they also were not available in adequate numbers, the State Government issued the G.O. dated 28-8-1986 to appoint Ayurvedic and Unani part time daily wages doctors on the conditions that their services can be terminated without notice and the same will stand automatically terminated when ad hoc regular allopathic MBBS full time doctors are posted on the vacant posts. In the aforesaid Government Order dated 28-8-1986 the Chief Medical Officers were authorised to appoint these part time BAMS/BUMS doctors after holding selection constituting a Selection Committee consisting of Senior Superintendent/ Superintendent, District Male and Female Hospitals, Zonal Officer, Ayuvedic or any other Senior Officer of this pathy as members of the Selection Committee. The services of the aforesaid part time Medical Officers holding the degree of BAMS or BUMS were not for the whole day but they were required to do duties for a fixed time on a fixed remuneration. The services of the aforesaid part time Medical Officers holding the degree of BAMS or BUMS were not for the whole day but they were required to do duties for a fixed time on a fixed remuneration. The State Government vide G.O. dated 14-7-1987 sent to the Director General, Medical Health and Family Welfare, U.P., Lucknow allowed to fill up the vacancies of allopathic male hospitals and in Ayurvedic and Homoeopathic Hospitals in Hill areas of the State by appointing part time Medical Officers having the qualifications in Allopathic. Ayurvedic or Unani Medicines and even retired officers may also be given such appointment but it was mentioned therein that the Government Orders dated 16-8-1985 and 28-8-1986 would be followed in that regard. It has been averred in the counter affidavit that the daily wages part time doctors accepted the engagement on the said above condition which was fully known to them before they accepted the engagement on part time daily wage basis. The qualification prescribed for the said vacant posts is MBBS whereas the petitioners of the above noted writ petition and other connected writ petitions hold either Ayurvedic degree BAMS/BUMS which is quite different from MBBS and in noway equivalent to the same and such degree holders of BAMS/BUMS are not eligible to be posted in allopathic State Dispensaries/ Hospitals/ Primary Health Centres on ad hoc/ regular basis. It was further averred that the qualification for the post on question in allopathic Hospitals, Dispensaries/Primary Health Centres is MBBS degree to make full time ad hoc appointment on the post of Medical Officers in these dispensaries. An advertisement was issued by the Directorate. Medical and Health, U.P., Lucknow in which the qualification for the posts of Medical Officers in Allopathic Hospitals/Dispensaries/ Primary Health Centres has been clearly given as MBBS degree. Since the petitioners not possess the degree of MBBS they also cannot claim parity with the whole time MBBS doctors. The advertisement relates to the recruitment's of Medical Officers having the minimum qualifications of MBBS degree to hold such posts. A State level Selection Committee for ad hoc appointment was constituted as the number of vacant posts were 2,800. The petitioners are only part time daily wages doctors who are neither ad hoc nor regular nor have the minimum requisite qualifications to hold the post in question. A State level Selection Committee for ad hoc appointment was constituted as the number of vacant posts were 2,800. The petitioners are only part time daily wages doctors who are neither ad hoc nor regular nor have the minimum requisite qualifications to hold the post in question. In reply to the averments made by the petitioners that they are ad hoc appointees and are to be replaced by the ad hoc appointees has been repelled in the counter affidavit, in which it was denied that the petitioners were ad hoc appointees and they would be replaced by another set of ad hoc appointees. Besides this, it is clear from the Government Order dated 28-8-1986 that the services of the part time daily wages doctors will he terminated as and when ad hoc/regular appointments are made on the vacant posts as a regular of which the vacancies cease to exist on which part time daily wage doctors were working. The services of the daily wages part time doctors were to be terminated as the vacancies are filled up due to the posting of full time allopathic ad hoci'regular doctors who are holding a degree of MBBS. An advertisement to fill up about 3730 posts of Medical Officers in Government Ayurvedic and Unani Medical Services' cadre. U.P. was advertised by the Director, Ayurvedic and Unani Services. U.P., Lucknow which has no concern with the present posts in question as the said posts were to be filled up in different cadre and the present posts in question are in the cadre of allopathic Medical Officers having qualifications of MBBS under the Directorate of Medical Health and Family Welfare, U.P., Lucknow. 3. The short point involved in this writ petition is that as to whether the doctors of the petitioners' Samiti fulfil the qualifications to be appointed in Government Hospitals/ Dispensaries and Primary Health Centres. A similar question cropped up in Writ Petition No. 1088 of 1970. State of U.P. v. Sr. Atma Ram Chauhan in which it was averred that in the year 1968 the Civil Surgeon, Saharanpur, directed to the Medical Officers in charge of Zila Parishad and Dispensaries in the District Saharanpur that they were not authorised to do medico-legal work as they were not fully qualified for that work. Learned single Judge of this Court quashed the said order. Learned single Judge of this Court quashed the said order. Aggrieved against the said order the State of U.P. preferred a letters patent appeal before this Court. It was not disputed in that case that all the Medical Officers working in the Zila Parishad Dispensaries were graduates in Ayurveda and were registered as Medical Practitioners within the meaning of Indian Medicines Act. 1939. Section 39(1 i of the said Act provides as under : "..................... (4) A registered practitioner shall be entitled to : (a) Sign or authenticate a birth or death certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioners; (b) Sign or authenticate a medical or physical fitness certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner. (c) Given evidence at any inquest or in any court of law as an expert under Section 45 of the Indian Evidence Act. 1872 or any matter relating to medicine, surgery or midwifery." 4. After considering the aforesaid provisions Hon'ble Mr. Satish Chandra, J.. as he then was, speaking on behalf of the Bench indicated as under : "It is thus clear that the ayurvedic practitioners who have been granted the requisite diploma and who were deemed to be the registered medical practitioners are also deemed to be the legally qualified medical practitioners within meaning of Indian Medicines Act. They are entitled to do the various acts as well as to the same privilege as the medical practitioners registered under the U.P. Medical Act, 1917." It was further indicated as under : "The question that arises for consideration is whether the State Government or its executive officers entitled to pass orders prohibiting the registered medical practitioners from doing the work which had been expressly authorised to do by virtue of their registration under the Indian Medicines Act, we are clear in our mind that the orders of the State Government cannot override the provisions of Legislative enactment. When the Indian Medicines Act expressly entitles these registered practitioners to appear as an expert, the State Government has no power to contravene that provision. When the Indian Medicines Act expressly entitles these registered practitioners to appear as an expert, the State Government has no power to contravene that provision. The impugned order by the Civil Surgeon, Saharanpur is clearly violative of the provisions contained in Section 39(4) of the Act." "The impugned order is a general order operating on all medical officers irrespective of their individual capacity to do medicolegal work. Such a general order violates Section 39(4) of the Act. The learned single Judge was justified in quashing this order. The appeal has no substance and is accordingly dismissed with costs." In the case of Bakteshwar Shukla v. State of U.P. decided on 5-12-1975 in Civil Misc. Writ Petri. No. 7430 of 1974 this Court indicated as under :- "According to the respondents, the petitioner was not fit for taking in the P.Ms. cadre of the Government service because he did not possess the necessary qualifications. The necessary qualifications according to them for entry in the P.Ms. is a degree of MBBS (Bachelor of Medicine and Bachelor of Surgery) the petitioner is Ayurvedacharya, Bachelor of Medicine and Bachelor of Surgery (AMMS) it is difficult to understand how the petitioner does not possess the necessary qualification. He is a Bachelor of Medicine and Bachelor of Surgery and over and above he is also Ayurvedacharya. Merely because the petitioner possesses the degree ABMS (Ayurvedacharya, Bachelor of Medicine and Bachelor of Surgery) he cannot be said to be disqualified. Indeed he seems to be a better qualified than mere MBBS. That apart in my opinion before the petitioner could be dislodged from his post, he ought to have been given a notice to show cause that he could prove to the satisfaction of authorities concerned that he was equally, if not better, qualified than an ordinary MBBS. This admittedly has not been done and in my opinion the petitioner is rightly aggrieved. If a person is to be deprived of his post on the ground that he does not possess the necessary qualification, he must be given a proper notice and a hearing. That is the minimum requirements of the principles of natural justice." 5. The question as to whether a person holding a degree in Ayurvedic or Unani fulfils the minimum qualification has been subject matter of various pronouncements by this Court. That is the minimum requirements of the principles of natural justice." 5. The question as to whether a person holding a degree in Ayurvedic or Unani fulfils the minimum qualification has been subject matter of various pronouncements by this Court. It is a matter of common knowledge that all the Unani and Ayurvedic colleges, which are mostly affiliated to Universities impart integrated courses meaning thereby that they are taught the modern subjects o medicines as well as Ayurveda and Unani, and The admissions in medical colleges as well Ayurvedic and Unani colleges which are affiliated to the Universities are simultaneously carried out. Even the questions which are to be replied by the students seeking admissions are similar. Although in matter of admission preference is given to person attaining higher merits and they are admitted in medical college imparting allopathic education, but the persons who attain less marks are admitted in Unani and Ayurvedic colleges. Both set of doctors whether Allopathic, Unani or Ayurvedic can practice as medical practitioners after they are registered as such by the Medical Council of India: Only by nomenclature that is 'Unani' 'Ayurveda' such persons do not become aid or Hakim particularly when they are imparted education both in modern medical surgery as well as indigenous systems. Once they are registered by the Medical Council of India, they are entitled to practice privately or practice in any Government Hospitals/ Dispensaries or Primary Health Centres. This Court takes judicial notice of the fact that in rural areas particularly in hills, the doctors engaged in Government service are not willing to go there, as a result of which thousands of the dispensaries are without doctors and this fact has also been more or less admitted in he present writ petition. It is unfortunate that those who are willing to work in rural areas and hill areas are denied this opportunity by the aforesaid Government doctors. When persons who had received education both in modern system as well as Unani and Avurvedic medicines, and are entitled to do medico-legal cases. there exists no necessity for replacing them by MBBS doctors. It is not only by the education, which a person receives makes him a successful doctor, but it is also by experience that a person attains heights. there exists no necessity for replacing them by MBBS doctors. It is not only by the education, which a person receives makes him a successful doctor, but it is also by experience that a person attains heights. The State of U.P. has all along been perusing a policy to integrate Ayurvedic and Unani systems of medicines with modern system of medicine and surgery and to make that system workable, arrangements have been made in Avurvedic and Unani colleges that they also get sufficient knowledge in modern medicines and surgery. To debar such persons from being appointed as Medical Officers in Government Hospitals/ Dispensaries or Primary Health Centres would be disastrous for the growth and development of these indigenous systems of medicines. 6. There is another aspect of the matter which needs consideration by this Court. 7. Learned Standing Counsel has vehemently argued that the petitioners had accepted the terms and conditions contained in Annexures-1, 2 and 3 and they are bound by that contract and they cannot resile from that contract. The aforesaid orders provide that they would be engaged only as daily rated medical officers and work till ad hoc/ regular MBBS doctors would be available. They were paid a sum of Rs. 50/- per day. They were not required to work for the whole day, but they were required to work only for eight hours a day and hence they are not entitled for regularisation in their service. Besides the above they were engaged only due to non-availability of MBBS doctors. In the case of Central Water Inland. AIR 1986 SC 1571 : 11988 Lab IC 1312), Hon'ble Mr. Justice Madon speaking on behalf of the Bench held as under : "In a country like ours where unemployment is rampant, any employer; may be a private person or Government may impose any string conditions while engaging a person, but such conditions have to be tested on the scale of principles of equality enshrined in Articles 14 and 16 of the Constitution of India. If it is found that such condition is abnoxious, arbitrary or discriminatory that can be ignored as the same would he opposed to public policy and hit by section 23 of the Indian Contract Act." 8. If it is found that such condition is abnoxious, arbitrary or discriminatory that can be ignored as the same would he opposed to public policy and hit by section 23 of the Indian Contract Act." 8. In the present case the State has discriminated between two sets of doctors, one who have studied modern medicines and surgery and the one who besides studying modern medicine and surgery have also acquired knowledge in indigenous systems of medicines and both are registered under the same Act as medical practitioners and hence the condition that they would cease to work as soon as the MBBS persons are available is arbitrary. It is unfortunate that yen at the fag end of this 20th century a person engaged to work for eight hours can be termed as a part time public servant. A doctor who works for eight hours on duty cannot be deemed to be a part time public servant. Being the in charge of the Dispensary a doctor is bound by the oath which he takes and cannot refuse to treat a patient even when he is off duty, and hence it can easily be presumed that while posted at a particular dispensary such doctors would be available for twenty four hours for rendering service. It would not be proper, just and fair for the State to terminate their services. 9. In view of what has been indicated hereinabove the writ petition succeeds and is allowed. A writ in the nature of certiorari is issued quashing Annexure-5 dated 9-5-1989. A writ in the nature of mandamus is also issued commanding the opposite parties not to replace the doctors of the petitioners and to consider their regularisation within six months from the date of production of a copy of this order in the light of the observations indicated in the body of the judgment. The opposite parties are further commanded to pay to the petitioners the full salary which a medical officer is entitled in accordance with Rules forthwith ignoring the conditions laid down in Annexures 1, 2 and 3. It will be open for the State to take full time work from the petitioners. If any of the doctor of the petitioner No. 1 or the services of any of the petitioner has been terminated and is not working, he would be reinstated forthwith. It will be open for the State to take full time work from the petitioners. If any of the doctor of the petitioner No. 1 or the services of any of the petitioner has been terminated and is not working, he would be reinstated forthwith. However, in the circumstances of the case no order is made as to the costs.