Srinagar: A division bench of the High Court of J&K and Ladakh on Friday held that preference has to be given to locals in the appointment of doctors under the National Rural Health Mission (NRHM), and that the engagements already made cannot be disturbed.
The judges dismissed a bunch of appeals against a single bench 2013 order that ruled that a candidate from the block where the primary health centre is located has an edge over the candidate belonging to a different block in the district.
Justices Sanjeev Kumar and Rajesh Sekhri set themselves in agreement with the single judge/writ court that in the matter of selections, “the official respondents had acted contrary to and in violation of NRHM scheme and paragraph No.4 of the advertisement notification”.
The judges found no merit in the appeals against the judgment and held them to be dismissed. “However, since these selections and appointments were made in 2007 i.e. more than seventeen years back, it would not be appropriate for us to disturb these selections,” the division bench said.
The bench said that it is 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 and the writ petitioners, who are not in permanent employment of the government and still interested, are considered for such engagements in the next year,” they ordered.
The bench ruled “in case there are no vacancies available to adjust the writ petitioners (the private respondents herein), as directed above, the term of engagement of equal number of candidates, who are outsider/non-locals and last in the merit/select list be not extended”.
It directed the respondent authorities to abide by the “local criteria” as envisaged in the scheme in letter and spirit, so that in future no unnecessary litigation is generated.
The appeals were directed against an order passed by the single judge bench in four writ petitions whereby the Writ Court had accepted the plea of the private respondents that a candidate from the block where the primary health centre is located has an edge over the candidate belonging to a different block in the district. It had held that the appointment of the candidates belonging to other blocks i.e. non-locals, is contrary to the NRHM scheme and para 4 of the advertisement notification.
In all these appeals filed by the selected/appointed candidates as Medical Officers in Indian System of Medicine (ISM), were directed by the single judge bench to be ousted to make place for the local candidate(s) of the block(s) concerned.
The relevant para of the advertisement notification also reads “preference will be given to the candidates below the age of 40 years and are residents of block where the health institution is located so as to ensure continuous presence of the doctors/paramedics for 24 hrs x 7 days”
The Writ Court had interpreted “preference” to mean an edge in favour of the candidates, who are residents of the block where the concerned health institution is located, over the candidates who do not belong to the said block.
