The Gauhati High Court Kohima Bench (GHCKB), on October 21, temporarily suspended the minutes of the State Cabinet’s August 6 meeting, which approved the regularisation of 98 Medical Officers (MOs) in Nagaland through Departmental Promotion, relaxing the approved procedure.
The concerned doctors were appointed during the COVID-19 pandemic and were proposed to be regularised through a ‘one-time dispensation of Special Recruitment Drive (SRD).
The Court also suspended a letter dated August 20, written by the Principal Director of the Directorate of Health & Family Welfare (DoH&FW), Nagaland, to the concerned Chief Medical Officers, Medical Superintendents, and other health establishments where the MOs were posted regarding the SRD.
The letter listed the names of 98 MOs eligible for the SRD and informed them to submit the form through email for attending the written and viva-voce exams to be conducted as part of the SRD.
The written exam, originally slated for August 26, and the viva-voce, scheduled for August 27 and 28, were earlier deferred following objections from various quarters and had not been held so far.
In the interim, considering the submissions made by the parties, as well as the facts and circumstances of the case, the minutes of the Cabinet Meeting and the August 20 letter “shall remain suspended till the next returnable date,” stated the order issued by Justice Kakheto Sema on October 21.
In a writ petition, the petitioners had challenged the minutes of the Cabinet Meeting concerning the regularisation of the service of 98 doctors, as well as the August 20 letter by the DoH&FW Principal Director.
The petitioners argued that the proposed recruitment of 98 MOs through the SRD violates the Nagaland Health Service Rules, 2006 (2006 Rules).
The Rules stipulate that the appointment of Junior Grade Medical Officers must be filled 100% by direct recruitment through the NPSC (Nagaland Public Service Commission) by candidates possessing a minimum qualification of MBBS or an equivalent degree from a recognised university.
Accordingly, it was submitted that the recruitment of the MOs via the SRD was in ‘clear violation’ of the 2006 Rules, and the proposed action of the Government “cannot be legally sustained.”
The petitioners also noted that they had submitted a representation on August 21 to the Commissioner & Secretary, DoH&FW, and accordingly, the SRD was deferred initially for two weeks and had not been held so far.
The Court also issued notices to respondents, returnable after four weeks. It must be noted here that the administrative approval for the conduct of the one-time dispensation of the SRD included 280 posts for various health professionals. However, the writ petition on Monday concerned only the 98 MOs.
-Morung Express