Govt doctors do not have vested right to claim vacant posts: High Court junks Gastroenterologist's plea

Published On 2022-05-18 06:33 GMT   |   Update On 2022-05-18 06:33 GMT

Cuttack: Dismissing the plea by a doctor seeking regular establishment in SCB Medical College and Hospital, the Orissa High Court has recently clarified that even if there are vacancies, a doctor does not have any vested right for claiming those seats.Declaring that such decisions are to be made by the Government, the HC bench comprising of S.K.Panigrahi held, "Even if vacancies are...

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Cuttack: Dismissing the plea by a doctor seeking regular establishment in SCB Medical College and Hospital, the Orissa High Court has recently clarified that even if there are vacancies, a doctor does not have any vested right for claiming those seats.

Declaring that such decisions are to be made by the Government, the HC bench comprising of S.K.Panigrahi held, "Even if vacancies are there, the petitioner does not have any vested right to claim for such posts since it is under the absolute domain of the Government. The Health Department is under no obligation to appoint him in S.C.B. Medical College and Hospital, Cuttack."

Approaching the High Court, the petitioner sought a direction upon the Dean & Principal, S.C.B. Medical College and Hospital, Cuttack to observe him on regular establishment as he has succeeded for the post of Assistant Professor (Super Specialist) in Gastroenterology Department pursuant to the Advertisement issued by Odisha Public Service Commission.

The counsel for the petitioner submitted that as per the advertisement, two posts were lying vacant in Gastroenterology Department of S.C.B. Medical College and the petitioner, who had applied for the same, had the requisite qualification.
After appearing in the written examination along with other candidates on 14.02.2021, the petitioner succeeded in the discipline of Gastroenterology for the post of Assistant Professor (Super Specialist).
It was further submitted that the petitioner was appointed as Assistant Professor of M.K.C.G. Medical College and Hospital, Berhampur and deployed to work at S.C.B. Medical College and Hospital, Cuttack vide Notification dated 05.06.2021 issued by the Joint Secretary to Government of Odisha, Health and Family Welfare Department.
It was the grievance of the petitioner that some contractual Assistant Professors were appointed in S.C.B. Medical College and Hospital, Cuttack, however, despite being a successful candidate in the examination process for the post of Assistant Professor in Gastroenterology Department, he was not posted in S.C.B. Medical College and Hospital, Cuttack.

Therefore, the petitioner prayed for a direction from the Court to direct the concerned authorities to allow him to continue as an Assistant Professor in Gastroenterology Department of S.C.B. Medical College and Hospital, Cuttack instead of M.K.C.G. Medical College and Hospital, Berhampur on regular basis.

After taking note of the petitioner and perusing the material on record, the Court noted, "it appears that the submission of the petitioner is based on the Advertisement No.11 of 2018-19 issued by the opposite party No.1- Odisha Public Service Commission. In his submission, learned counsel for the petitioner submits that as per the Advertisement No.11 of 2018-19 issued by the opposite party No.1-Odisha Public Service Commission two posts are lying vacant in Gastroenterology Department of S.C.B. Medical College and Hospital, Cuttack and the petitioner having requisite qualification applied for the same."

"Whereas, nowhere in the said Advertisement, it has been mentioned that two posts were lying vacant in Gastroenterology Department of S.C.B. Medical College and Hospital, Cuttack," further noted the court.
At this point, the bench dismissed the plea and clarified that, "Even if vacancies are there, the petitioner does not have any vested right to claim for such posts since it is under the absolute domain of the Government. The Health Department is under no obligation to appoint him in S.C.B. Medical College and Hospital, Cuttack."
To read the court order, click on the link below.
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