Odisha HC rejects plea challenging Government medical college recruitment criteria for Assistant Professors
The court noted, "Legality of the policy and not the wisdom or soundness of the policy is the subject of judicial review. In this case, the aforementioned policy is free of the vices mentioned above. Therefore, the Court does not find it appropriate to intrude outside of the sacred line of its duty."
Cuttack: The Odisha High Court recently dismissed a series of petitions which had challenged the change in eligibility criteria for direct recruitment of assistant professors in government medical colleges and hospitals in the state.
The order was passed by a single judge bench of Justice SK Panigrahi on Thursday which stated that the courts cannot interfere with the government policy on the argument that it is erroneous or that a better, fairer, or wiser alternative is available.
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The court noted, "Legality of the policy and not the wisdom or soundness of the policy is the subject of judicial review. In this case, the aforementioned policy is free of the vices mentioned above. Therefore, the Court does not find it appropriate to intrude outside of the sacred line of its duty."
The petitions were filed by assistant professors in government medical colleges and hospitals who were appointed on an ad-hoc/ contractual/ deputation basis with a monthly remuneration of Rs 60,000. The petitioners had challenged the advertisement (2021-2022) issued on November 10, 2021, related to the recruitment to 381 posts of assistant professor (broad specialty) in Group - A under the Odisha Medical Education Service cadre of the Health and Family Welfare Department.
The petitioners alleged that their candidature was adjudged according to the Odisha Medical Education Service (Method of Recruitment and Condition of Service) Rules, 2021 instead of Odisha Medical Education Service (Method of Recruitment and Condition of Service) Rules, 2013. The changed eligibility criteria made their work useless and put them in a difficult situation, reports The New Indian Express.
According to 2021 rules, the candidate must have acquired a post-graduate degree in the broad specialty/super specialty or any other equivalent degree or qualification prescribed by the Medical Council of India /DCI from time to time. The Medical Council of India also recommends one-year senior resident experience rather than three years of senior resident experience for direct recruitment to the post of assistant professor.
The court observed, "The 2021 rules have only opened the gates of competition which enables more candidates to participate in the selection process. It is therefore clear that the petitioners have not been left high and dry, discriminated against, or made ineligible for the selection against the advertised posts. They have the right to be considered and have, in fact, exercised such right and participated in the selection process. Their performance in the written test shall now decide the outcome of their participation."
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