SC slams UPPSC over delay in filling up 2382 posts of specialist doctors

New Delhi: A Division bench of Supreme Court recently slammed the Uttar Pradesh Government and the State Public Service Commission (UPPSC) for delay in filling up altogether 2,382 posts of specialist doctors 

Issuing direction to the authorities to cooperate with each other and issue advertisement for these posts at the earliest, the top court bench comprising of Justices Sanjay Kishan Kaul and Abhay S. Oka further clarified that if the UP Public Service Commission and the State fails to sort out the issue by the next date, the court might give the responsibility of recruiting doctors to a separate organization.

"We note with deep regret the manner in which the State Government of Uttar Pradesh has proceeded as also the obvious lack of communication with the Uttar Pradesh Public Service Commission, where a ping pong is going on. In view of the vacancies un-filled, a large number of 2382 posts were required to be carried forward," observed the bench as it slammed the State and UPPSC for their lack of coordination in filling up the vacant posts of specialist doctors.

"We deprecate the conduct of both the authorities and reject the time period given by the Commission. The two authorities will cooperate and inform whether all information is ready or not for issuance of the advertisement by the next date, failing which we may consider referring this recruitment to a separate organization, if both of them are not capable of doing it," warned the bench.

These observations were made by the bench while it was considering a bail plea filed in connection of the death of a patient who died due to the lack of a surgeon at the Sambhal district hospital. Medical Dialogues had earlier reported that while considering the matter, the top court bench back in March, 2022 had slammed the UP Government over the huge vacancies in its District hospitals.

Back then, the Apex court bench comprising  of Justices Sanjay Kishan Kaul and M.M. Sundresh had taken note of the fact that even though last year the State Government had tried to fill up 3620 posts of doctors through the State Public Service Commission, only 1881 doctors could be selected, leaving a vacancy of about a little under 1800 doctors, while some of the doctors may have retired over the last one year.

Emphasizing on the point that ensuring the presence of adequate medical facilities at the district levels is among the primary functions of the State Government, the top court had also given the State Government some suggestions for meeting the requirement of doctors in the Hospitals.

During the hearing of the case concerning the recruitment of specialized doctors throughout the State of Uttar Pradesh, the top court bench noted that on 10.06.2022, the State had requested UPPSC to re-advertise the vacancies. However, the Commission took altogether four months time for responding to that letter. Even when the Commission finally responded through a letter dated 19.10.2022, it sought further information from the Government.

Referring to this, the Supreme Court bench noted, "This is the position of the working of the commission when the matter is being monitored by this Court, reflecting on their inefficiency levels."

Following this, on 20.10.2022, the State sent a letter for the same posts and once again the Commission responded on 04.11.2022 pointing out the deficiencies regarding lack of provision for horizontal reservations, lack of subcategorization of physically handicapped category and lack of equivalent criteria for degree/diploma awarded by different bodies.

At this outset, the court took note of the submission that it is only on the submission of the necessary information that an advertisement for selection of vacant posts can be published by the Commission. 

Referring to this huge delay, the Court observed, "The schedule given by the Commission takes us almost to the end of next year. We deprecate the conduct of both the authorities and reject the time period given by the Commission."

Directing both the State and UPPSC to cooperate with each other and inform if all the information is ready or not for issuing the advertisement by the next date, the bench also warned that "failing which we may consider referring this recruitment to a separate organization, if both of them are not capable of doing it."

"The solution should be found in a joint meeting to be held from Monday onwards next week, if they are capable of doing so," the bench noted at this outset.

The matter has been listed on 02.12.2022 for further hearing and the Court has directed the authorities "to report back whether all issues for proceeding with the issuance of advertisement have been sorted out or not."

To read the court order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-on-up-doctor-vacancies-191289.pdf

Also Read: Supreme Court slams UP govt over massive 1800 vacancies in District Hospitals, directs measures