DR. NAVAL KISHORE PANDEY Vs. STATE OF UTTARAKHAND, PRINCIPAL SECRETARY, CHIKITSA SHIKSHA SWASTHYA, AYUSH SHIKSHA AND ORS.

JUDGEMENT

(1.) IT appears that on 17.5.1990 at a meeting presided by the Health Minister of the State of Uttar Pradesh, a decision was taken not to appoint part -time medical officers. At the same time, it was also decided that part -time medical officers already appointed be made whole -time medical officers. The decision so taken was published in the form of a policy decision by an order dated 1.10.1991. In the said order dated 1.10.1991, it was specifically mentioned that those part -time medical officers, who have been appointed on or before 17.5.1990 shall be converted into full -time medical officers. Subsequently, by an order dated 3.6.1992, '17.5.1990' was replaced by '17.7.1990', and thereafter by another order dated 10.8.1992, '17.7.1990' was replaced by '17.7.1991'. Therefore, while from 1.10.1991, it became impermissible to appoint a part -time medical officer; those part -time medical officers, who were appointed on or before 17.7.1991 became entitled to be regularised.

(2.) ON 6.8.1991, the writ Petitioner was appointed as a medical officer. He is an Ayurvedi, but was appointed, though on part -time basis, against an available vacancy of an allopathic medical officer. He was appointed by Chief Medical Officer, Almora. The Petitioner sought for regularisation, which having not been acceded to, Petitioner filed a writ petition. The said writ petition was to be decided along with many other similar writ petitions. However, the writ petition of the Petitioner could not be decided when similar other writ petitions were decided, inasmuch as, at that time, the writ petition of the Petitioner stood dismissed for default. Subsequent thereto, the order of dismissal of the writ petition of the Petitioner for default was recalled and the said writ petition was decided on merits. The Court while considering the matter noted that it is not in the know as to whether there is any vacancy available, where the Petitioner can be regularised, and, accordingly, directed the Petitioner to make a representation upon imposing a corresponding obligation on the State to consider the same in accordance with law, while disposing of the writ petition.

(3.) ON 6.8.1991, when the Petitioner was thus appointed, an Ayurvei could not be appointed in place of an allopathic medical officer. He was, however, appointed and was made to work as such since 6.8.1991. He is still working as such even today. The policy of the Government dated 1.10.1991 for conversion of part -time medical officers to full -time medical officers does not apply to Ayurveies, who have been appointed as medical officers. It is only MBBS doctors, who can thus be converted in terms of the said policy decision dated 1.10.1991. Further more, though the policy of regularisation was brought out on 1.10.1991, but as aforesaid, the cut off date fixed in the said policy, as stood altered subsequently, permitted only those medical officers, who have got MBBS degrees, to be converted from part -time to full -time. The Petitioner, therefore, cannot take the advantage of the said policy dated 1.10.1991.