Srinagar- The High Court of J&K and Ladakh on Friday upheld its single bench’s 2013 judgement that authorities acted in violation and contrary under NRHM scheme in selection of some doctors and paramedics in 2007.
“In a nutshell we are in agreement with the Writ court that in the matter of selections, which were questioned before the Writ court, the official respondents (authorities) had acted contrary to and in violation of NRHM Scheme and paragraph No.4 of the advertisement notification,” a division bench of Justice Sanjay Dhar and Justice Rajesh Sekhri said while dismissing as “without merit” numerous appeals filed against Single Bench’s 27th May, 2013 verdict.
The single bench had held the appointment of the candidates belonging to other blocks i.e. non-locals, contrary to the NRHM Scheme as well as to para 4 of the Advertisement Notification, issued Chairman Executive Committee, J&K State Health Society on 31.11.2007, that “preference will be given to the candidates below the age of 40 years and are residents of block where the health institution is located so as to ensure continuous presence of the doctors/paramedics for 24 hrs x 7 days.”
“However, since these selections and appointments were made in the year 2007 i.e. more than seventeen years back, it would not be appropriate for us to disturb these selections,” the division bench said, “We are aware that these engagements are contractual, initially for a period of one year and extendable from time to time subject to the satisfactory work and conduct of the candidates. It would, therefore, be in the fitness of the things as also to better serve the ends of justice that the engagements already made are not disturbed and the writ petitioners (candidates who had challenged selection of candidates before single bench), who are not in permanent employment of the Government and still interested, are considered for such engagements in the next year.”
In case there are no vacancies available to adjust the writ petitioners, the court said, the term of engagement of equal number of candidates, who are outsider/non-locals and last in the merit/select list be not extended.
“The respondents (authorities) shall adhere to the “local criteria”, as envisaged in the scheme in letter and spirit so that in future no unnecessary litigation is generated.”
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