High Court paves way for filling vacancies in PHCs

From http://www.hindu.com/2008/02/13/stories/2008021352510300.htm

For earlier news, please see Extension of Joining Time Illegal - Chennai High Court

Relaxation granted for candidates selected in 2006 held invalid

MADURAI: The Madras High Court has paved the way for filling 469 vacancies of Assistant Surgeon in primary health centres (PHCs) across the State as it held invalid the relaxation granted for candidates selected in 2006 to join duty after completing their post graduation/postgraduate diploma course.

Dismissing a batch of writ appeals filed before the Madurai Bench by a few doctors, the First Bench, comprising Chief Justice Ajit Prakash Shah and Justice S. Nagamuthu, said the then Director of Public Health and Preventive Medicine was not empowered to grant such relaxation.

The Judges said the post of Medical Officer in primary health centres could not be kept vacant till the appellants completed their post-graduation.
On a priority basis

Filling of vacancies had to be done by the State on a priority basis as it was the paramount duty of the government to look after the health of the general public, especially the poor and the needy.
Effect on public

“In every Government Hospital, doctors shall be present at all times to attend to emergency cases. If the posts of doctor are not filled in time, the general public will be largely affected and their right to health, which forms part of basic human right guaranteed under Article 21 of the Constitution of India, will be seriously prejudiced,” the Bench observed.

It pointed out that the advertisement calling for applications to the post of Assistant Surgeon had categorically stated that the selected candidates should join duty within 30 days and no extension would be granted if they were undergoing postgraduate courses.

“Having applied for selection by accepting the said conditions, it is not open for the appellants to seek extension of time,” the Judges ruled.

The appellants approached the court after the Director of Public Health issued a notice on November 9, 2007, directing them to report for duty within seven days failing which their names would be removed from the selection list.

Justice K. Chandru dismissed all the writ petitions and hence the present writ appeals.

Extension of Joining Time Illegal - Chennai High Court

From http://www.hindu.com/2007/09/05/stories/2007090562350700.htm

High Court directive to Government on Assistant Surgeon vacancies

Special Correspondent

CHENNAI: The Madras High Court has directed the State Government to forward to the Tamil Nadu Public Service Commission, proposals relating to Assistant Surgeon (General) vacancies arising from non-joining of selected candidates.

Justice K. Chandru was passing orders on a batch of petitions filed by 15 doctors, who stated that the Government had granted “unlawful” extension of joining time to 215 candidates, who had failed to join within 30 days, as originally stipulated.

While admitting the petitions, the Judge had restrained the Health Department from allowing any of these 215 candidates to join duty.

Specific clause

Counsel for the petitioners contended there was a specific clause in the notification that selected candidates should join within 30 days, and that no extension of joining time would be granted under “any circumstances.”

They also pointed out that applications of 2,700 candidates were rejected because they had not given a declaration that they would join duty within 30 days from the date of receipt of appointment orders.

They submitted that the extension of joining time was given to the 215 candidates by unlawfully relaxing Rule 21(a) of the Special Rules for Tamil Nadu Medical Service. They said the vacant posts were kept idle contrary to the conditions prescribed in the notification.

Prevailing conditions in the State warranted immediate appointment of doctors, they claimed.

Counter-affidavit

In its counter-affidavit, the TNPSC said it had requested the Director of Public Health and Preventive Medicine to send an elaborate proposal with the details of candidates who had not reported for duty. This was necessary for the Commission to allot candidates from the Reserve List, it said, adding no reply was received from the official.

Joining time

Mr. Justice Chandru said strict implementation of the clause relating to joining time by the Commission and the Government would create more vacancies, and might benefit the petitioners. He then directed the Director of Public Health and Preventive Medicine to forward the proposals, as required by the TNPSC, within four weeks from the date of receipt of the order.

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