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| HC notice to Govt on circular restraining in-service medical officers from PG, MD | | | Early Times Report
Srinagar, Jan 16: The state high court has issued a notice to government on a petition, seeking directions to quash a circular which bars medical officers from undergoing PG and MD course while in service.
The petition has been filed by 14 aggrieved medical officers and a single bench of the court comprising Justice Ali Mohammad Magrey (vacation judge) directed Commissioner Secretary Health and Medical Education, Director, Health Services Kashmir and J&K Board of Professional Entrance Examinations to file the reply within four weeks. The court also directed them to allow the petitioners to sit in selection process for post graduate courses at their own risk and responsibility. The court made it clear that mere participation in selection process will have no right in their favour. "This order shall be subject to objections of other side and not to be taken as one determining petitioners' eligibility for post graduate courses," the court said and posted the petition for further consideration after four weeks. The petitioners said BOPEE issued an advertisement notice (no.119-BOPEE of 2015) on 17 December last year, inviting applications for admissions to Post Graduation Courses and in service doctors were directed to route their application forms through Director Health Services. "Ironically (director health service Kashmir) has withheld the application forms of the petitioners and has not forwarded them to the (BOPEE) on the pretext that the petitioners do not have three year service, which otherwise means that the requirement of three years service is pre-requisite for undergoing PG/MD courses," they said.
The petitioners said that when they were appointed, some of the appointees were undergoing Post Graduation/Registrarship but were allowed to continue the post graduation/registrarship till its completion. "The petitioners are similarly situated with those appointees who were allowed to continue the PG Courses and therefore the petitioners are subjected to invidious discrimination which is violative of Article 14 of the Constitution of India," they added. The petitioners said that to their surprise, Health Department issued a Circular no. 06-HME-2015, on 19 October 2015, in terms of which the Medical Officers including the petitioners have been restrained from undergoing PG/MD Course while in service. They have challenged the circular on a number of grounds and one among them include that the Commissioner Secretary who has passed it has no power, authority and jurisdiction to take away the constitutionally and legally guaranteed right of education from the petitioners.
"The circular incorporates a decision taken in excess of jurisdiction and as such deserves to be rendered as a nullity." They also contended that in light of apex court judgments, a circular has no force of law. The intention of acquiring a qualification has been declared by the Supreme Court as being an inherent and human right under Article 21 of the Constitution, which cannot be a subject matter of prohibition, they said. "The impugned circular creates a bar on the medical officers in acquiring more qualifications as such is violative of Article 21 of the Constitution," they said while seeking court's directions to quash the circular. |
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