HC issues directions on higher study by in-service medicos

The High Court on Wednesday directed the government to constitute a committee to recommend eligible in-service Medical Officers and other doctors for undergoing higher study courses against the tenure posts in a particular year on the basis of seniority.

Underscoring that there was a need to devise a mechanism sothat no in-service Medical Officer is dragged to the court unnecessarily, abench of Justice Ali Muhammad Magrey directed the government to constitute thepanel for issuing No Objection Certificate (NOC) in favour of the eligiblein-service Medical Officers and other doctors who would apply for undergoinghigher study courses against the tenure posts henceforth.

   

The court dismissed a writ petition by four medical officersafter hearing them and the state government through its additional advocateGeneral Shah Aamir.

The panel so constituted, the court said, shall inviteapplications from the eligible in-service candidates in the first week ofJanuary each year.

After receiving the applications, the court said, thecommittee shall scrutinize the applications and consider the same in keepingwith the government guidelines framed vide Circular No.03-HME of 2019 dated 27May, 2019 and make recommendations in favour of eligible Medical Officers andother doctors for undergoing higher study courses against tenure posts in aparticular year on the basis of their seniority.

“The Government shall, thereafter, consider therecommendations of the Committee and finalize the list of Medical Officers/other Doctors with reference to grant of NOC in the last week of February ofeach year,” the court said. “No application form of any in-service MedicalOfficer/ other Doctor shall be entertained after the aforesaid process iscompleted”.

 Four medical officershad approached the court seeking directions to allow them to com complete theprocess of selection for the tenure posts of Registrars and Demonstrator indisciplines of Social and Preventive Medicine and Anatomy in GMC Srinagaradvertised in terms of advertisement notification dated 20-5-2019 and13-6-2019.

While the petitioners sought directions to PrincipalSecretary Health and Medical education department and Director health servicesKashmir to issue NOC to them, they sought direction to Principal GMC Srinagarto compete the process of selection for the said tenure posts.

They had also sought direction for their appointment as Registrarsand Demonstrator in their respective disciplines GMC College Srinagar on thebasis of their merit.

States additional advocate General Shah Aamir told the courtthat the government allows only those in-service/ Medical Officers to apply fortenure posts/ undergo higher study courses who comply with the mandate of thepolicy notified by the Government vide circular No.03-HME of 2019 dated 27,2019.

In its findings the court observed that “the eligibilitycriteria stipulated for the in-service candidates in the advertisement noticesin question clearly provides that the applicants working in the Health andMedical Education Department are required to submit their application formsalong with ‘No Objection Certificate’ from their parent Department withoutwhich their applications forms shall not be entertained”

The court observed that in the instant case the petitionerappear to have applied against the tenure without adopting the procedureprescribed in terms of the policy of the Government notified vide circulardated 27 May, 2019.

The petitioners, the court said, have placed nothing onrecord which would show that they have, in fact, followed the guidelines laidby the Government in the process of applying for tenure posts. “In absence ofany such material, this Court is unable to pass any direction upon therespondents for allowing the petitioners to compete in the process of selectionfor the tenure posts of Registrar/ Demonstrator in the disciplines of Social& Preventive Medicine and Anatomy” the court added.

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