Early Times Report
Jammu, June 1: High court judge Janak Raj Kotwal today said no such situation should be allowed to arise where the department of health, which was the parent department of doctors, had to face scarcity of medicos by itself deputing most of them outside the department.
He held that for maintaining a fine balance and achieving the desired result, the operation of rule had to be transparent, should not be arbitrary and not appear to be actuated by favourtism.
The court directive came in a bunch of petitions filed by medical officers, some of whom have been selected on deputation to the tenure posts of registrar or demonstrator in GMC, Srinagar, and some to the tenure posts of senior residency in SKIMS, Srinagar. The department of health, which is their parent department has, however, refused to relieve them to enable them to join the tenure posts.
Justice Kotwal, after hearing the two sides, observed that the picture with regard to the in-service doctors working outside health department depicted by the administrative secretary in his personal affidavit was disturbing. Neither in this affidavit nor in the reply affidavit filed on behalf of respondents, it had been stated as to how this picture had developed inspite of the government having laid down quota in this regard in the rules of 2013 as also in the earlier rules of 2006. Respondents were expected to state and explain the factors responsible for enormous violation of the quota, both under the head 'Deputation Reserve' and under the head 'Training Reserve'. This, however, has not been done.
The court observed that while the respondents had taken due care to justify their refusal to issue NOCs and relieve or depute the petitioners because of dearth of doctors in health department, they should have also explained the factors responsible for this huge overstepping of the quota provided for such deputations under rules and not providing similar treatment to the petitioners.
Justice Kotwal held that the government order No 164-HME of 2012 was required to be modified and further ordered that no case for issuing writ of mandamus, directing respondents 1 & 2 to relieve the petitioners for joining the tenure posts of registrar, demonstrator and senior residency at this stage was made out and writ to this extent was refused.
The court directed secretary of health and medical education departmentprincipals of GMC, Srinagar, and GMC, Jammu, and SKIMS director to immediately relieve all those doctors of health department, who had completed their prescribed tenure as registrars, demonstrators, senior residency in their institutes, within two week's from the date of this judgment.
Justice Kotwal also directed the health secreatry to modify government order No 164-HME of 2012 to give effect to quota under 'Training Reserve' provided under the Rules of 2013 and issue suitable orders with regard to the doctors working on deputation outside the department, having regard to 4 pc quota fixed in this regard under the Rules of 2013. This exercise be completed within four weeks' after the date of this judgment appropriate action be taken against the doctors who were undergoing Super Specialty courses outside the state without government permission. This exercise be completed within four weeks' after the date of this judgment, he ordered.
With these observations, Justice Kotwal directed that the selection of petitioners as registrars, demonstrators, senior residency in their respective disciplines shall remain intact and they would have prior right to be deputed against these tenure posts and no other doctor from the department of health shall be appointed or deputed against these posts. Respondents 1 and 2 shall depute them as soon as it becomes feasible, having regard to the Rule position and observations made, he ordered. |
