Acute Shortage of Senior Staff in UP: HC directs Govt to Personally Oversee timely advertisement and filling up vacant posts

Such direction came from the HC bench comprising of Justice Alok Mathur, while it observed that there is an acute shortage of such senior-level posts in two medical colleges of the State including Meerut Medical College.

"This Court has an opportunity to notice the present situation where at such senior level in two medical colleges, there is acute shortage of senior staff including post of Professor in the Radio-Diagnosis Department which has led to passing of the impugned order," the court noted in its order.

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The apex court bench was considering a plea filed by the petitioner doctor, who is a Professor in the Radio-Diagnosis Department and presently she is posted at Shaikh-Ul-Hind Maulana Mahmood Hasan Medical College, Saharanpur.

However, via order dated 24.08.2021, the doctor was directed to perform duties for four days in a week at the Medical College, Meerut while the remaining two days, she will be working at Saharanpur.

Challenging the order, the doctor approached the High court and the counsel appearing for the doctor submitted before the court that the services of the petitioner doctor has been divided in two medical colleges due to the acute shortage of vacancy of specialist in the field of Radio-Diagnosis Department.

On the other hand, the counsel appearing for the State Government argued that such an order has been passed in the public interest as well as in the interest of the patients. She is the only Professor in the Radio-Diagnosis Department she has been asked to perform the duties for four days in a week at Meerut and two days at Saharanpur, submitted the Government.

However, it had been urged before the Court that the petitioner doctor being a lady- commuting 150 k.ms. twice a week is a heavy burden for her and so the doctor prayed that she may be permitted to resume and continue with her services at Medical College, Meerut.

The court disposed of the plea allowing the petitioner doctor to make a fresh representation before the Principal Secretary of Medical Education of the UP Government within two weeks.

The bench further clarified, "and in case a representation is made before respondent No. 1 within aforesaid time, then the same shall be considered and decided in accordance with law expeditiously, say, within a period of four weeks thereafter and communicate the decision to the petitioner.":

However, at this outset, the bench also noted that there was an acute shortage of such senior level posts in two medical colleges of the State and noted, "This Court has an opportunity to notice the present situation where at such senior level in two medical colleges, there is acute shortage of senior staff including post of Professor in the Radio-Diagnosis Department which has led to passing of the impugned order."

"It also transpires that the said situation is in existence since at least 2018 and for the last two years not much efforts have been made to make fresh appointments to the post of Professor in the Radio-Diagnosis Department and even in case the efforts have been made they have not been successful in filling the vacancy," the bench further observed.

So, the HC bench mentioned in the order, "In light of the above, respondent No. 1 is also directed to personally oversee and make sincere efforts to see that not only at Meerut and Saharnapur but in all the other State medical Colleges Senior level posts are timely advertised and vacancies are filled expeditiously as it directly affects the teaching of the students."

"This direction is in conformity with the undertaking given by State Government before Hon'ble the Supreme Court in the case of Writ Petition (s) (Civil) No(s). 634 of 2018 (The State of Bihar Vs. Medcial Council of India & Anr." read the judgment.

To view the court order, click on the link below.