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 so that no in-service Medical Officer is dragged to the court unnecessarily, a bench of Justice Ali Muhammad Magrey directed the government to constitute the panel for issuing No Objection Certificate (NOC) in favour of the eligible in-service Medical Officers and other doctors who would apply for undergoing higher study courses against the tenure posts henceforth.

The court dismissed a writ petition by four medical officers after hearing them and the state government through its additional advocate General Shah Aamir.

The panel so constituted, the court said, shall invite applications from the eligible in-service candidates in the first week of January each year.

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

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

 Four medical officers had approached the court seeking directions to allow them to com complete the process of selection for the tenure posts of Registrars and Demonstrator in disciplines of Social and Preventive Medicine and Anatomy in GMC Srinagar advertised in terms of advertisement notification dated 20-5-2019 and 13-6-2019.

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

They had also sought direction for their appointment as Registrars and Demonstrator in their respective disciplines GMC College Srinagar on the basis of their merit.

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

In its findings the court observed that “the eligibility criteria stipulated for the in-service candidates in the advertisement notices in question clearly provides that the applicants working in the Health and Medical Education Department are required to submit their application forms along with ‘No Objection Certificate’ from their parent Department without which their applications forms shall not be entertained”

The court observed that in the instant case the petitioner appear to have applied against the tenure without adopting the procedure prescribed in terms of the policy of the Government notified vide circular dated 27 May, 2019.

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