HC directive to Govt on MOs’ posts

Excelsior Correspondent
SRINAGAR, Feb 5: The High Court today directed the Government not to fill up the posts of Medical Officers unless decision is taken about the request of candidates pursuing Post Graduation courses is not taken.
About 245 candidates, who have been appointed as Medical Officers after proper selection by the Public Service Commission (in terms of advertisement notification no. 12-PSC (DR-P) of 2018 dated 15.10.2018) approached the Court that they be allowed to undergo PG course in various disciplines and in case they are pressed to join the posts in before completing the PG course, their rights will be prejudiced.
Justice Ali Mohammad Magrey after hearing their counsel as also the counsel appearing on behalf of respondent-authorities, directed the Government that 245 posts of MOs shall not be filled up unless a decision is taken to the request of the petitioners with regard to completion of their PG course.
Court also sought reply from the authorities to the plea taken by the candidates in the writ petition and also directed them to consider the case of these 245 candidates by allowing them to complete the courses (tenure appointments)which they are undergoing.
These 245 candidates while competing the process of selection against the post of Medical Officers have been admitted in Government Medical College, Srinagar and SKIMS, for undergoing PG course in various disciplines including Registrars, Senior Residents or Demonstrators.
It is during these course they got selected as Medical Officers and their counsel submitted before the court that it would affect their courses in case they are pressed to join the post before completing the same.
Referring the case of earlier selected MOs, petitioners counsel submitted that in tune with the policy the Government allowed them to complete their PG course and after completing the same those MOs, were allowed to join their post.
On the other hand State counsel argued that the appointment of the petitioners is strictly governed by the terms and conditions with reference to SRO 202 and in such eventuality the petitioners have either to choose the post for which they were selected or to continue with their courses.
He submitted that in such eventuality they have to surrender the appointment and continue with their PG course/tenure appointment as non-joining of the petitioners will hit the patient care in the State because the Government needs the doctors badly in the rural areas where they are posted.
Counsel appearing on behalf of the petitioners rebuked the said arguments made by the State counsel and informed the court that there is no such condition attached to the service that the petitioners have either to join the post or surrender it and continue with the PG course/tenure appointments. He further submitted that there is also no such condition in SRO 202, SRO 325 or in the advertisement notice.


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