Bombay High Court
Syed Imtiaz Jaleel vs The State Of Maharashtra And Others on 26 July, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
*1* 1062pil47o21 hospital
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1062 PUBLIC INTEREST LITIGATION NO. 47 OF 2021
WITH
CIVIL APPLICATION NO. 9844 OF 2022
IN PIL/47/2021
WITH
CIVIL APPLICATION NO. 3104 OF 2024
IN PIL/47/2021
WITH
CIVIL APPLICATION NO. 12236 OF 2023
IN PIL/47/2021
SYED IMTIAZ JALEEL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Shri Syed Imtiaz Jaleel, Petitioner In Person.
Shri A.S. Deshpande, Special Counsel a/w Shri A.B. Girase, GP
for the Respondents/State Authorities.
Shri S.W. Munde, Standing Counsel for the Respondents/ UoI.
Shri Mukul Kulkarni, Advocate for Respondent No.17.
...
CORAM : RAVINDRA V. GHUGE
&
Y. G. KHOBRAGADE, JJ.
DATE :- 26th July, 2024 Per Court :-
Recruitment and Appointments
1. We have perused our earlier extensive order dated 08.01.2024 with regard to recruitment and appointments *2* 1062pil47o21 hospital [Paragraph 1 (a to f)]. Prior thereto, we had passed an extensive order on 07.10.2023 wherein, we issued certain directions for recruitment of employees/ professors/ teachers at various levels.
2. Today, we are informed by the learned Special Counsel for the State Government that, barring Class III and IV category employees, most of the appointments have been made with regard to the teachers and professors in view of the directions of this Court. A reference can be made to the details of the appointments that were expected to be made, in view of our order dated 20.04.2023, more specifically paragraph Nos.01 to 06, which read as under:-
"1. The learned AGP has placed before us a compilation of 22 documents, which are collectively marked as "X-9" for identification. Pages 11 to 22 comprise of the Maharashtra Medical Goods Procurement Authority Act, 2023. The learned AGP submits that steps have been initiated and the authorities are committed to ensure the continued procurement and supply of medical consumables, medical devices, medical equipment and medical goods.
2. On page 1 of X-9, the learned AGP indicates a concise statement with regard to recruitment of Class 1 to Class 4 posts. Taking into account the institution of this PIL in 2021, that X-9 (first page) would cover the period 01.01.2021 till 31.03.2023. 1027 Class-1 and Class-2 posts of Medical Staff have been filled in, which *3* 1062pil47o21 hospital comprises of 208 Professors, 294 Associate Professors and 525 Assistant Professors.
3. Insofar as the filling up of vacancies in Class-3 is concerned, since there has not been a continuous recruitment process, that 6936 vacancies are found since the last affidavit. There are 1713 Class-3 technical posts, out of which, 905 are emergency technical posts and 556 are the remaining categories of technical posts, which are to be filled in by promotion. Class-3 comprises 1249 non technical posts. Class-3 also comprises of 3974 nursing posts. 905 emergency technical posts and 3974 nursing Class-3 posts are to be filled in via Tata Consultancy Services (TCS). There are 3545 vacant posts in Class-4 category, which are to be filled in through the District Selection Committee in coordination with the Deans of the Government Medical Colleges.
4. The learned AGP then refers to page 2 of X-9, which is the communication dated 12.04.2023 received by the learned AGP from the Medical Education and Drugs Department, Mumbai, which sets out the following information:-
(a) Vacancies in Professors-Clinical Subjects are 118 out of 348.
(b) Vacancies in non clinical subjects are 75 out of
214.
(c) Insofar as the Associate Professor-clinical, there are 226 vacancies out of 689 and 116 out of 493 in non clinical.
(d) With regard to the Assistant Professor in clinical subjects, there are 591 vacancies out of 1084 and amongst non- clinical category, vacancies are 124 out of 744.
(e) Insofar as the technical posts Group-C, vacancies are 1713 out of 4264 posts.
(f) Insofar as Group-C non technical posts are concerned, there are 1249 vacancies out of 3073.
(g) In the nursing category, vacancy is 3974 out of *4* 1062pil47o21 hospital 11665.
(h) In Class-4 category, the vacancy is 3974 out of 9543.
5. Our orders passed on various occasions in this PIL would indicate that time and again, we have been calling upon the State Government to carryout recruitment process for filling in the posts in the above mentioned categories since there cannot be any debate that the Government Medical Colleges and Hospitals have to be operated with the combination of doctors, paramedical staff, class-3 and class-4 employees and infrastructure. Shortfall in any of these areas would always create a situation wherein, there would be no smooth functioning of the Government Hospitals.
6. Therefore, considering our orders passed since 04.05.2021 onwards, we are now constrained to issue directions to the Government, by way of an ultimatum, that the above mentioned vacancies, especially amongst doctors comprising of Professors, Associate Professors and Assistant Professors, shall be filled in by 31.10.2023. We are striking a note of caution that we would not entertain a request for extension of time with regard to this direction. We are constrained to do so after considering that all our earlier orders repeatedly passed, repeatedly requesting the State Government to fill in the posts, though have been complied with to quite an extent, but the above stated vacancies need to be filled in."
3. It is beyond debate that the State Government has missed the timeline by several months and probably even by more than a year. We would request the learned Special Counsel *5* 1062pil47o21 hospital to place before us a chart which would indicate the recruitments made pursuant to our order dated 20.04.2023 and the further orders on the said subject. Let such details be placed on record with a short additional affidavit, on or before 12.08.2024. The affidavit shall also contain details as to the further steps being taken to recruit the vacant positions in class III and IV categories.
4. The Petitioner in Person has placed on record the Government Resolution dated 08.01.2021 with the subject "शासकीय वैद्यकीय महाविद्यालय व रुग्णालय, अकोला, यवतमाळ, लातूर व औरंगाबाद येथे अतिविशेषोपचार रुग्णालय सुरु करण्यासाठी प्रथम टप्प्याकरिता आवश्यक ८८८ पदांच्या निर्मितीबाबत" (Regarding the creation of 888 posts required for the first phase of setting up intensive care hospitals at Government Medical College and Hospitals, Akola, Yavatmal, Latur and Aurangabad). The said Government Resolution is marked as 'X-23' for identification. Several posts have been created by the State Government vide the said Government Resolution. Follow up action of recruitment in order to ensure that 'near zero vacancy', is achieved.
5. We need to express at this moment that the State *6* 1062pil47o21 hospital Government is apparently going slow on recruitment of Class III and IV category employees and on the next date, if we are not satisfied with the data, we would be constrained to issue strict directions to the concerned Authorities, including the Secretaries of the concerned Departments as well as the Commissioner of Medical Education and Research.
Medical Facilities in Rural Areas
6. The Petitioner in Person has placed before us a printout (2 pages), which is marked as 'X-24' for identification. It is pointed out that there are several posts in the Primary Health Centers and Medical Facilities in rural areas including Trauma Care Centers falling under the District Hospital, Chhatrapati Sambhajinagar, which indicates several vacant posts. In some other areas, it is encouraging to record, especially in group 'C' category that there is a 'near zero vacancy' status (Page 2 of 'X- 24').
7. We would, therefore, request the learned Special Counsel for the State Government to place before us a data as regards even the recruitments made in the Primary Health *7* 1062pil47o21 hospital Centers/ Rural Hospitals/ Trauma Centers/ Medical Facilities in rural areas by tendering an additional affidavit. We would grant six week time to the learned Special Counsel for collecting such data and placing it before this Court.
Government Hospital Residences/ Staff Quarters
8. The learned Special Counsel places before us the data (3 Pages) with regard to the unauthorized occupation of residences/ staff quarters etc.. The same is collectively marked as 'X-25' for identification. The learned Special Counsel submits in the light of the said data that in the near future, all unauthorized occupants would be removed from the staff quarters and accommodations of the Government Hospitals, after the end of the rainy season.
Dr. Ashish Bhivapurkar
9. The learned Special Counsel has placed before us the chart indicating the progress made with regard to the Departmental Enquiry of Dr.Ashish Bhivapurkar. The same is marked as 'X-26' for identification.
*8* 1062pil47o21 hospital
10. The Petitioner in Person points out that the charge sheet was issued on 08.07.2021. The enquiry was concluded on 17.04.2023. The Enquiry Officer tendered his report after almost ten months, on 02.02.2024 and that too because this Court passed certain orders leaving him no option but to tender the report. The copy of the report along with a notice was served upon Dr. Ashish Bhivapurkar, on 14.02.2024. Under the orders of this Court, he tendered his written explanation to the Government, on 15.03.2024. Thereafter, the Special Enquiry Officer's report and the explanation of Dr.Ashish Bhivapurkar, were forwarded to the Commissioner of Medical Education on 04.04.2024. Today, on 26.07.2024, the proposal to award punishment to Dr.Ashish Bhivapurkar, in the light of Rule 9(A)(ii) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, is forwarded to the General Administration Department, Government of Maharashtra.
11. The Petitioner in Person, therefore, expresses his anguish at the manner in which the enquiry was conducted and still not concluded in the form of any punishment for three years.
*9* 1062pil47o21 hospital According to him, the delay on the part of various statutory Authorities is writ large from the ready reference chart marked as 'X-26' for identification.
12. In the light of the above, we expect the Competent Authority to take a decision on the above said proposal regarding Dr.Ashish Bhivapurkar, as is recommended by the Enquiry Officer, in consultation with the Maharashtra Public Service Commission (MPSC), at the earliest and care should be taken that the matter is not unduly delayed so as to attract Section 10 of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005.
13. We list this petition on 20.08.2024, at 04:30 PM. kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)