High court to govt: Recruit doctors, nurses periodically
TIMES NEWS NETWORK
Chennai 2.5.2019
: The Madras high court on Wednesday directed the Medical Recruitment Board (MRB) to conduct recruitment for the posts of doctors, nurses, and paramedical staff periodically to avoid unnecessary exigencies in providing medical facility to citizens.
Justice S M Subramaniam passed the order on a plea moved by G Udaya Kumar, challenging a government order dated September 12, 2018, issued by the MRB, which mandates appointment of nurses from the reserve list of 2015 recruitment without going for fresh recruitments.
According to the petitioner, MRB had appointed candidates over and above the notified vacancies in the recruitment conducted in the year 2015. Other eligible candidates were not selected and no opportunity to participate in the process of selection was provided, which was in violation of the equality clause enunciated in the Constitution, he contended.
“Without even conducting the process of selection by following the recruitment rules in force, the authorities are going on appointing candidates, from and out of the unsuccessful candidates from the erstwhile list (2015),” he added.
Denying the allegations MRB submitted that in 2015 notification was issued for recruitment to 7,243 posts of nurses. “It is an admitted fact that 7,102 candidates were selected and a select list was drawn. Out of 7,102 selected candidates, 7090 candidates were issued with the order of appointment. From and out of the order of appointment, only 6,254 candidates joined in post. Thereafter 683 candidates joined, whose names were listed in the reserve list. It is pertinent to note that 66 candidates joined and subsequently resigned the job and 87 candidates remained absent unauthorizedly,” MRB said.
The state was obligated to fill up the posts on account of the acute shortage and there was no time to conduct the process of selection by MRB. Thus, the candidates in excess were appointed only on contractual basis and those candidates are yet to be regularized in the sanctioned posts in the regular time scale of pay, the government said.
Refusing to concur, the judge said, “Even under such circumstances, it is possible for the state to engage temporary nurses on contract basis or daily wage rate basis or on a consolidated pay. During the interregnum period, it is the duty of the state to proceed with the regular recruitment process by strictly adhering to the recruitment rules in force.” Contrarily, they cannot appoint unsuccessful candidates persons from the selection list of 2015 and fill up the post on contract basis and, thereafter, regularize their services and deprive the rights of all other candidates who all are waiting to secure public employment. Such a procedure adopted is undoubtedly a “fraud on the constitution.” If such procedures are permitted, then it would look as if back door entries are encouraged by the courts also, the judge added.
TIMES NEWS NETWORK
Chennai 2.5.2019
: The Madras high court on Wednesday directed the Medical Recruitment Board (MRB) to conduct recruitment for the posts of doctors, nurses, and paramedical staff periodically to avoid unnecessary exigencies in providing medical facility to citizens.
Justice S M Subramaniam passed the order on a plea moved by G Udaya Kumar, challenging a government order dated September 12, 2018, issued by the MRB, which mandates appointment of nurses from the reserve list of 2015 recruitment without going for fresh recruitments.
According to the petitioner, MRB had appointed candidates over and above the notified vacancies in the recruitment conducted in the year 2015. Other eligible candidates were not selected and no opportunity to participate in the process of selection was provided, which was in violation of the equality clause enunciated in the Constitution, he contended.
“Without even conducting the process of selection by following the recruitment rules in force, the authorities are going on appointing candidates, from and out of the unsuccessful candidates from the erstwhile list (2015),” he added.
Denying the allegations MRB submitted that in 2015 notification was issued for recruitment to 7,243 posts of nurses. “It is an admitted fact that 7,102 candidates were selected and a select list was drawn. Out of 7,102 selected candidates, 7090 candidates were issued with the order of appointment. From and out of the order of appointment, only 6,254 candidates joined in post. Thereafter 683 candidates joined, whose names were listed in the reserve list. It is pertinent to note that 66 candidates joined and subsequently resigned the job and 87 candidates remained absent unauthorizedly,” MRB said.
The state was obligated to fill up the posts on account of the acute shortage and there was no time to conduct the process of selection by MRB. Thus, the candidates in excess were appointed only on contractual basis and those candidates are yet to be regularized in the sanctioned posts in the regular time scale of pay, the government said.
Refusing to concur, the judge said, “Even under such circumstances, it is possible for the state to engage temporary nurses on contract basis or daily wage rate basis or on a consolidated pay. During the interregnum period, it is the duty of the state to proceed with the regular recruitment process by strictly adhering to the recruitment rules in force.” Contrarily, they cannot appoint unsuccessful candidates persons from the selection list of 2015 and fill up the post on contract basis and, thereafter, regularize their services and deprive the rights of all other candidates who all are waiting to secure public employment. Such a procedure adopted is undoubtedly a “fraud on the constitution.” If such procedures are permitted, then it would look as if back door entries are encouraged by the courts also, the judge added.
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