Central Administrative Tribunal - Chandigarh
Dr. Aniket Saini vs The Union Territory on 1 April, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL,
CHANDIGARH BENCH
O.A.No.642-CH-2013 Order pronounced on: 01.04.2013
Order reserved on : 22.03.2013
CORAM : HONBLE MR. JUSTICE S.D. ANAND, MEMBER (J)
HONBLE MR. RANBIR SINGH, MEMBER (A)
1.Dr. ANIKET SAINI, S/O KRISHAN LAL SAINI R/O # 1604, PROGRESSIVE ENCLAVE, SECTOR 50-B, CHANDIGARH.
2.DR. AJAY MODGIL S/O LATE SH. SUBASH CHANDER R/O WARD NO. 4, VIKAS NAGAR, DISTT. UNA, H.P.
3.DR. PRABHNEET KAUIR D/O SURINDER PAL SINGH R/O # 1377, SECTOR 34-C, CHANDIGARH.
4.DR. GURPREET KAUR D/O N.S. BHAMRA R/O 207 MANJIT NAGAR, PATIALA.
5.DR. VIVEK SAHORE S/O MAHESH KUMAR SAHORE R/O 5020/B 38 WEST, CHANDIGARH.
6.DR. NIDHI THAKUR D/O SURJIT SINGH R/O V AND PO AMB, DISTT. UNA.
7.SHRUTI SINGLAD/O H.P. SINGLA R/O # 1148 SECTOR 34-C, CHANDIGARH.
. Applicants
Versus
1.THE UNION TERRITORY, CHANDIGRH, THROUGH THE HOME SECRETARY CUM HEALTH SECRETARY, MINI SECRETARIAT, SECTOR-9, CHANDIGARH.
2.THE GMSH, SECTOR 16, CHANDIGARH THROUGH THE MEDICAL SUPERINTENDENT, GMSH SECTOR 16, CHANDIGARH.
3.MEDICAL SUPERINTENDENT, GMSH SECTOR 16, CHANDIGARH.
4.THE DEPUTY MEDICAL SUPERINTENDENT, GMSH SECTOR 16, CHANDIGARH.
5.DIRECTOR HEALTH SERVICES AND FAMILY WELFARE, GMSH, SECTOR 16, CHANDIGARH.
6.DR. ATAMJIT KAUR SAHNI D/O AMARJIT SINGH SAHNI R/O # 1134/71,SAS NAGAR.
7.DR. ANURADHA RANI D/O SH. RATTAN SINGH RANA # 3735/46-C, CHANDIGARH.
8.MONIKA JOSHI W/O DR. ANKUSH SHARMA #1235/15C, CHANDIGARH.
9.DR. SUKHMANJEET SINGH S/O SH. GURNAM SINGH # 5590, SECTOR 38 WEST, CHANDIGARH.
10.DR. NAVJOT SINGH S/O S. PARGAT SINGH H.NO.38, MOHALLA KADRI DISTT. GURDASPUR, PUNJAB.
11.DR. SUKHJINDER PAL SINGH S/O SH. SUKHDEV SINGH # 57/6, IMPROVEMENT TRUST COLONY BATALA ROAD, GURDASPUR.
12.DR. DAIJEE DEKA W/OBROJEN BARMAN # 3283, SECTOR 15D CHANDIGARH.
13.DR. ANURADHA VASWANI W/O DR. JAIPRAKASH GANGANI # 1337B SECTOR 15B CHANDIGARH.
14.DR. VIRENDER SINGH GILL S/O SHRI SWARAN SINGH VILLAGE-MANGEWAL, P.O. SEHARA, LUDHIANA.
15.DR. RUBAL MANTRO S/O DR. ASHOK KUMAR MANTRO R/O #3404 SECTOR 27-D,CHANDIGARH.
16.DR. HARPREET SINGH S/O LAKHWINDER SINGH R/O # 216 SEC 16 A CHANDIGARH.
17.DR. SATYAM S/O SATYA PRAKASH R/O # 1258, SECTOR 15-B, CHANDIGARH.
18.DR. GURSIMRAN SINGH NAYYAR S/O SH. SUKHBIR SINGH NAYYAR R/O # 255 W. NO. 11 KAINTHAN DASUYA, DISTT. HOSHIARPUR.
19.DR. ASEEM ANAND S/O DR. SUBHASH CHANDRA ANAND R/O B 36/102, MOH KASBAN KAPURTHALA.
20.DR. HARPREET SINGH S/O SH. SANTOKH SINGH R/O # 196, BL-3 BHAGATPUR PHAGWARA.
21.DR. GURLEEN KAUR W/O DR. HARPREET SINGH R/O H.NO.216 SECTOR 16A CHANDIGARH.
22.DR.PRITHA AGGARWAL D/O SH. INDERJIT SINGH AGGARWAL R/O H.NO.453 SECTOR 37A, CHANDIGARH.
23.DR. MEHEK JASUJA D/O SH. NAVDEEP JASUJA, R/O KRISHAN NIVAS, ARYA SAMAJ ROAD, FAZILKA PNJAB.
24.DR. AMRITJOT SINGH S/O SH. SUKHDEV SINGH R/O H.NO.272 VPO BAHTNURA LUBANA, DISTT. JALANDHAR.
25.DR. HARKOMAL KAUR S/O SH. GURBACHAN SINGH R/O # 3528 SECTOR 37-D CHANDIGARH.
26.DR. KIRANJOT KAUR D/O SH. GURWINDER SINGH CHEEMA R/O STREET NO. 9, PUNIA COLONY SANGRUR.
27.DR. JONY GARG D/O SH. VIJAY KUMAR GARG C/O TARSEM LAL GARG R/O H.NO.426, SECTOR 44-A, CHANDIGARH-150047.
28.DR. NIDHI SONI D/O SH. MAHENDER KUMAR R/O H. NO. 676 A, SECTOR 32 A CHANDIGARH.
29.DR. PUNEET KUMAR S/O KRISHAN CHAND R/O W.NO. 12, H.NO.374, KURALI, DISTT. MOHALI.
30.DR. ANKUSH JINDAL S/O SH. JIWAN KUMAR R/O H.NO.108-16, ACRE BARNALA.
31.DR. SALONI D/O SH. RAMESH KUMAR BANSAL R/O 1-BHAGAT SINGH MARKET, CIVIL LINES, G.T. ROAD, MOGA-142001.
32.DR. GURPREET KAUR D/O SH. PARAMJIT SINGH VILLAGE PHULLANWAL, P.O. BASANT AVENUE, LUDHNA, PIN-141013.
33.DR. DIMPLE KAPOOR D/O SH. SATENDRA KAPOOR R/O H.NO. 28, NEW OFFICERS COLONY PATIALA.,
34.DR. ARSHPREET KAUR D/O SH. SUKHWINDER PAL SINGH H.NO. 1401, SECTOR 68, MOHALI, PUNJAB.
35.DR. RUPINDER KAUR D/O S.KULWANT SINGH R/O KHERA NIWAS, OPPOSITE AAM KHAS BAGH ROD, FATEHGARH SAHIB 140406 36.
36.DR. SAMRIDHI PURI D/O DR. O.R. PURI R/O PURI HOSPITAL,SADAR BAZAR KARNAL, HARYANA.
37.DR. PARUL VERMA D/O COL (DR.) ARUN KUMAR VERMA,H.NO.3108, 1ST FLOOR, SECTOR 40-D, CHANDIGARH.
38.DR. ARPITA AGRAWAL D/O SH. D.C. AGRAWAL H.NO.1273, 1ST FLOOR, SECTOR 15-B, CHANDIGARH.
39.DR. AMANJOT KAUR PUNIA D/O SH. S. SIKANDER SINGH R/OH.NO. 399-A, TOBA VIJAY SINGH NEAR ANARDANA CHOWK PATIALA PUNJAB.
40.DR. MANJEET PAL KAUR D/O SH. TEJA SINGH R/O MIG 725, MODEL TOWN BHAGU ROAD BATHINDA.
41.DR.PUNEET SAINI D/O SH. HARJIT SINGH SAINI R/O H.NO. 446, ZAIL SINGH NAGAR, ROPAR, PUNJAB-140001.
42.DR. VEGA MAKKAR D/O SH. PARDEEP KUMAR R/O H.NO.1617-A, SECTOR 35-B,CHANDIGARH.
Respondents
Present : Mr. A.S Talwar, Advocate, counsel for applicants
Mr. Aseem Rai, Advocate, Counsel for the respondents 1-5.
None for respondents No.6 to 42 (they were proceeded e-parte vide order dated 22.3.2013).
O R D E R
JUSTICE S.D. ANAND, JM The petitioners No. 1 to 7 herein were appointed to the post of House Surgeons (w.e.f. 23.10.2012, 08.09.2012, 30.10.2012, 15.11.2012, 16.07.2012, 23.10.2012 and 13.12.2012 respectively) for the period from 1.1.2013 to 30.6.2013. The terms and conditions of the appointment aforementioned are exemplified vide Annexure A-2, which is a copy of appointment letter issued in favour of applicant no. 1 Dr. Aniket Saini.
2. Thereafter, respondent no. 2 herein (The GMSH, Sector 6,Chandigarh through the Medical Superintendent, GMSH, Sector 16, Chandigarh), invited on-line applications for appointment of House Surgeons for the period 1.1.2013 to 30.6.2013 vide notification, Annexure A-3. However, consideration [against the on-line invitation (Annexure A-3).] was denied to the applicants on the premise that they had not completed the job of House Surgeons for the remaining minimum period.
3. The applicants have applied for grant of a direction to the respondents to recall them for ab-sorption as House Surgeons for the duration aforementioned (1.1.2013 to 30.6.2013). Denial of consideration, for purpose of appointment aforementioned, was averred to be arbitrary.
4. The official respondents have reiterated the correctness of their approach by averring that the applicants not having completed 4-1/2 months house job could not have validly claimed entitlement for continuity of engagement. The tenor of the plea raised by the respondents would be evident from a perusal of stance averred in the course of the counter, which is extracted hereunder :-
In the selection process that ensured, 16 numbers of candidates who had applied and who had already completed their House Job ranging from four and half months to six months and had conducted themselves well during the period of 1st July, 2012 to 31st December, 2012 were duly recommended by the HODs on the basis of which the committee headed by the Special Secretary Health allowed their continuation as per the criteria in the past and held interview strictly on the basis of academic merit for 30 number of candidates over and above the 37 number of candidates with no extra marks for any other activity.
5. It is apparent from a perusal of the information furnished by the respondents in the course of the counter in a tabulated form that applicant no. 5 (Dr. Vivek Sahore) was ineligible for consideration as he had already done House Job for two tenures and the 3rd house job was not admissible. In so far as applicant no. 2 (Dr. Ajay Moudgil) is concerned, he did not even file an application for consideration. These two applicants have to be thus, non-suited on that uncontroverted premise.
6. In so far as the other applicants are concerned, the respondents have made a precise averment that their initial appointment had been made as a stop-gap arrangement and dehors any prescribed mode of selection. The counter further avers, in continuity, that they remained unsuccessful in the due selection process that followed Persons who have been allowed to continue fulfill the prescribed criteria of completing House Jobs i.e. they have performed such duties for a minimum of four and half months. They had worked for a sufficiently long period to enable the doctors in charge / HODs to evaluate their performance and recommend them. The same cannot be said for the present applicants some of whom had worked for les than even one month.
7. The applicants, in their own discretion, did not opt to file a rejoinder which (rejoinder) only could have enabled them to controvert the validity of the premise of resistance offered by the respondents and quoted in the course of the preceding paras of this order.
8. In the light of aforementioned discussion, we do not find any merit in this O.A. which shall stand rejected.
9. The facts apparent from pleadings raised by the parties otherwise present a fairly unenviable factual scenario. Though the Competent Authority is proved to have validly denied consideration to the applicants herein, it cannot wish away the fact that there is acute shortage of medical personnel in the field. In spite of mushrooming of private medical health dispensations too, great rush is witnessed at these health institutions. The ever so increasing population of our country almost frustrates the steps taken by our Welfare State to provide health facilities to the citizenry. There have been press reports aplenty that a number of medical posts are lying vacant in one State or the other. We are presently not concerned with the reasons therefor. The non-providing of an opportunity to those who have spent their best years of studies in acquiring medical qualifications, with a gleen in their eyes, to serve the ailing humanity and thereby earn their living as well, is perhaps one of the main factors contributing for brain-drain. We would trust that the Competent Authorities may consider invoking the relaxation clause in order to allow the intake of medical personnel who may not exactly be eligible for entry into service at whatever placement. The Competent Authorities would thereby be advancing the object of the very welfare state which employs them as public servants. Though we would refrain from mandating that consideration on the part of the Competent Authority, we feel that our sentiments will go into consideration while a conscious decision is taken in the relevant behalf.
(JUSTICE S.D. ANAND) MEMBER (J) (RANBIR SINGH) MEMBER(A) Place: Chandigarh Dated: 01.04.2013 HC*