Veterinary doctor hired for MBBS doctor post, health department under HC fire
Madhya Pradesh High Court
Gwalior: Despite the minimum qualification for the post of health officer redesignated to Chief Sanitary Officer, being an MBBS degree, a veterinary doctor was sent on deputation to the Gwalior Municipal Corporation. While considering a plea challenging this deputation, the Madhya Pradesh High Court recently expressed concern over how the veterinary doctor was made the health officer, a non-existent post especially not having an MBBS degree.
Accordingly, the HC bench comprising Justice G.S.Ahluwalia directed the State authorities to submit their explanation over the matter. Further, the Court directed the municipal corporation to submit a reply giving the details of the officials working on deputation, including the period of their appointment, why steps were not being taken to appoint doctors on regular basis and why the employees on deputation were not being sent back.
"...one thing is clear that respondent No.6 was posted against a non-existing post that too when he is not holding the MBBS degree...Respondents No.1 to 5 are also directed to clarify as to how they can post a veterinary doctor against post for which the minimum qualification is MBBS," the Court ordered.
"Accordingly, respondent No.5 is directed to file detailed return pointing out the details of officers who are working on deputation including the period of their posting. Respondent No.5 shall also point out that how many employees of Municipal Corporation are actually working in the Municipal Corporation and why the Municipal Corporation is not taking any steps to make regular appointments. Further respondent No.5 shall also point out as to why the employees who are on deputation are not being repatriated," it further directed.
These observations were made by the Court while considering a plea that alleged that there is no post like Health Officer in the Municipal Corporation. Earlier the post was known as Health Officer but now it has been redesignated as Chief Sanitary Officer. The said post is to be filled up by 100% promotion from the post of Sanitary Officer and the post of Sanitary Officer is to be filled up by 100% promotion from the post of Assistant Sanitary Officer. Minimum qualification for the post of Assistant Sanitary Officer is MBBS, noted the Court.
As per the petitioner, a veterinary doctor, who is not MBBS, was sent on deputation for the post even though he was not entitled to hold the post of Health Officer or Chief Sanitary Officer.
It was submitted by the authorities that by a letter dated 31.05.2023, the Urban Administration and Housing Department sought information regarding vacancy, pay scale, and consent for deputation of Dr. Sharma, the veterinary doctor, to the post of Health Officer.
Apart from furnishing the other information, the Commissioner of Urban Administration and Housing Department also gave a No Objection Certificate. Accordingly, by an order dated 04.08.2023, Dr. Sharma was deputed to the post of Health Officer in the Department of Urban Administration and Development and by an order dated 18.08.2023, he was sent on deputation to the Municipal Corporation, Gwalior to the post of Health Officer. Therefore, the Urban Administration and Housing Department took the stand that the entire exercise was done at the behest of the Department of Urban Administration and Development.
While considering the matter, the HC bench expressed shock over the manner in which State Government and the Principal Secretary to the Department of Veterinary Services and Animal Husbandry Mantralaya filed their return.
"The OIC has signed general index as OIC of respondents No.1 and 2 whereas cause title of return says that it is short return on behalf of respondent No.2 i.e. Principal Secretary, Department of Veterinary Services and respondent No.4 i.e. Director Veterinary Services and Animal Husbandry. Thereafter, return has been signed by OIC in the capacity of OIC of respondents No.1 and 2. Affidavit has been filed by Dr. R.K. Tyagi by claiming himself to be the OIC of the case, but he has not clarified as to whether he has signed that affidavit in the capacity of OIC on behalf of respondents No.2 and 4 or respondents No.1 and 2," noted the Court.
"In this return, entire burden has been put on the State. Respondents have filed a copy of letter dated 02.02.2023 written by Urban Administration and Development Department which was written to the Principal Secretary, Veterinary Services and Animal Husbandry asking him to provide certain information for posting of Dr. Anuj Sharma on deputation. Accordingly, Under Secretary of State of Madhya Pradesh, Veterinary Services and Animal Husbandry gave his report. Thus, respondents No.2 and 4 have tried to put the entire burden on respondents No.1 and 3. Respondents No.1 and 3 have not filed their return," further observed the HC bench.
However, the Court observed that one thing was clear that Dr. Sharma was posted against a non-existing post that too when he was not holding the MBBS degree.
At this outset, the Court also took note of the copy of the letter filed by the petitioner on 14.05.2020. The letter was written by the Administrator of Municipal Corporation, Gwalior for repatriation of various officers who were posted on deputation.
Taking note of the letter, the Court noted that as many as 62 officers/employees were posted in the Municipal Corporation, Gwalior on deputation. Referring to this, the Court observed,
"The manner in which respondent No.6 was sent on deputation on nonexisting post, specifically when he was not holding the minimum qualification also speaks in volumes about manner of posting certain officers on deputation."
"Accordingly, respondent No.5 is directed to file detailed return pointing out the details of officers who are working on deputation including the period of their posting. Respondent No.5 shall also point out that how many employees of Municipal Corporation are actually working in the Municipal Corporation and why the Municipal Corporation is not taking any steps to make regular appointments. Further respondent No.5 shall also point out as to why the employees who are on deputation are not being repatriated," it further noted.
The Counsels for the State Government, Department of Veterinary Services and the Urban Administration and Development department were granted last opportunity by the Courtto file a detailed return within two weeks and they were also asked to explain as to what prompted them to initiate the proceedings for sending Dr. Sharma on deputation to the Municipal Corporation, Gwalior.
"The entire record be produced on the next date of hearing... If the proceedings were initiated on the application of respondent No.6, then copy of said application shall also be filed alongwith the return. Respondents No.1 to 5 are also directed to clarify as to how they can post a veterinary doctor against post for which the minimum qualification is MBBS. Allthough a veterinary doctor was posted as a Health Officer/Sanitary Officer in the Municipal Corporation, Gwalior, but still numbers of dog bites were alarming and even small kids have suffered severe dog bites," ordered the court.
Meanwhile, the counsels for the veterinary doctor and the Municipal Council informed the Court that through an order dated 13.03.2025, Dr Sharma had been relieved.
Taking note of this, the Court observed, "Under hope and belief that he shall not be sent on a deputation to any corporation for which he is not holding the requisite qualification, interim order dated 13.03.2025 shall continue till final disposal of this case."
The matter has been listed for further hearing on 03.04.2025.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/mp-high-court-veternirary-doctor-as-health-officer-279981.pdf
