Excelsior Correspondent
SRINAGAR, Dec 13: High Court has pulled up the Government for making selections of Medical Officers (MOs) in Indian System of Medicines (ISM) in 2007 as contrary to the advertisement notification and directed the authorities to adhere to the criteria as per the scheme in letter and spirit in future.
The writ court in 2013 had directed to oust all the selected candidates (MOs) in contrary to the NRHM scheme and advertisement notification as they did not belong to concerned districts. The verdict has been assailed and challenged in a batch of appeals by the selected and appointed candidates as Medical Officers ISM.
The Division Bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri while taking a lenient view against the selected candidates in view of their selections and appointments made in the year 2007 which the court said is of more than seventeen years back and observed that it would not be appropriate to disturb these selections.
“We are aware that these engagements are contractual, initially for a period of one year and extendable from time to time subject to the satisfactory work and conduct of the candidates. It would, therefore, be in the fitness of the things as also to better serve the ends of justice that the engagements already made are not disturbed”, DB recorded.
The bench with regard to the writ petitioners-non selected candidates, who are not in permanent employment of the Government said if they are still interested, are considered for such engagements in the next year. “In case there are no vacancies available to adjust these candidates, the term of engagement of equal number of candidates, who are outsider and non-locals and last in the merit and select list be not extended. The respondents shall adhere to the local criteria, as envisaged in the scheme in letter and spirit so that in future no unnecessary litigation is generated”, read the judgment.
The court after having regard to the nature of local criteria as understood in the scheme said, there is no place for candidates, who do not belong to the district concerned to apply and seek consideration for the positions available in the District Health Society of a particular district.
The local criteria court added, has been later explained by the official respondents to mean District/Tehsil/Block/village based on availability. “This is so made clear by Ministry of Health and Family Welfare, Govt. of India vide No.10(22) 2009 NRHM dated 14th May, 2010. We are aware that this communication was issued by the Govt. of India in the year 2010, whereas selection in question pertains to the year 2007. However, it will make no difference, for the Govt. Order (supra) is only clarificatory and explains the local criteria, which was already referred to in NRHM Scheme promulgated in the year 2005”, read the judgment.
Court said, it is only when a candidate in the village where the health institution is located is not available, a candidate from the block can be considered. In the absence of any candidate in the block, the zone of selection can be extended to Tehsil or District, as the case may be.
“In a nutshell we are in agreement with the Writ court that in the matter of selections, which were questioned before the Writ court, the official respondents had acted contrary to and in violation of NRHM Scheme and paragraph No.4 of the advertisement notification”, DB recorded.
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