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| Wrong selections: HC quashes list of MOs selected under NRHM in Doda | | | BHARAT BHUSHAN
EARLY TIMES REPORT
JAMMU, Sep 2: Because of the wrong selection procedure adopted by the authorities concerned and for overlooking the set guidelines, high court judge, justice Sunil Hali has quashed the impugned selection list of medical officers (MOs) appointed in Doda district under the Centre's national rural health mission (NRHM).
NRHM was launched by the Centre to carry out necessary architectural correction in the basic health care delivery system with the aim to provide effective health care to poor, vulnerable and the marginalised sections of the society.
Under the scheme, six posts of MBBS doctors and nine of ISM doctors were advertised by chief medical officer (CMO), Doda, on September 30, 2009, for appointment on contractual basis.
As per the scheme, preference was to be given to those candidates who belonged to the block where the health centre was located to ensure their round-the-clock presence. This condition was mandatory so that the doctors remained available to patients 24 hours of the day.
In their petition, the aggrieved candidates submitted before the court that the selections were made by the authorities concerned in violation of this condition of blockwise selection.
Out of the total 100 marks, 50 were kept for technical qualification, 10 for locals, 10 for those who had an experience of more than an year and 30 for viva voce.
The petition said this selection criteria was also changed on the interview date of December 2, 2009, with selectors fixing 80 marks for technical qualification and 20 for viva voce.
The respondents, however, told the court that merit was the sole criteria for making selections. Since the petitioners failed to fall in merit, they could not be selected, they added.
They said the word "preference" used in the advertisement did not lead to the exclusion of candidates who were not from the concerned block.
The respondents also made the plea that the object of the scheme was achieved once the candidate was appointed and asked to sign the agreement that he would reside in the block of his posting.
In his directive, Justice Hali, however, said it was to be kept in mind that doctors' availability at health centres was essence of the scheme. "The first process to achieve this objective is to prefer those candidates who are living within the blocks where health services are located. It serves two purposes: First, they are readily available at the centre; second, people have an easy access to them," he added.
Justice Hali, however, said the zone of selection could be extended within the district if doctors were not available within zones. He said the word "preference" used in the scheme and also in the advertisement notice had to be given its meaning while analysing the object, context and purpose of its use under the scheme. "In my view, the word 'preference', under the scheme, would mean local criteria meaning thereby the persons, who are available and living within the blocks, have to be given preference," Justice Hali said and added, "Otherwise the very purpose of the scheme gets defeated."
Justice Hali said, "I allow this writ petition and quash the impugned selection list for the post of MOs under NRHM in Doda district, with a further direction to the respondents to initiate the process of selection afresh by giving preference to those who are living within the blocks."
In case of non-availability of candidates within the blocks, the zone of consideration be extended within the district, he ordered.
The justice also directed the authorities concerned to complete the process of selection within six weeks from the date the copy of this order was made available to the respondents by the petitioners.
While advocates Anil Sethi, Veenu Gupta and TK Raina appeared for the petitioners, the respondents were represented by deputy advocate general Shaishta Hakim, and advocates Seema Shekhar and Shivani Jalali. |
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