DR. SMRUTISUDHA PATTNAIK Vs. ACHARYA HARIHAR REGIONAL CANCER

JUDGEMENT

(1.) Acharya Harihar Regional Cancer Centre (AHRCC) is a society registered under the Societies Registration Act, 1860. All members of its Governing Council are officers of the State Government. The Health Minister of the State of Odisha is the President and Health Secretary is the Secretary of the Society. The said Society was formed on 24.04.1984. Acharya Harihar Regional Centre for Cancer Research and Treatment Society Bye-laws Amendment Rules, 2013 (hereinafter referred to as "Rules, 2013") came into force w.e.f. 28.02.2013. As per Rule 18 of Chapter-3 of Rules 2013, appointment to all posts shall be made on the basis of recommendation of the Selection Committee or Staff Selection Committee, as the case may be, by the appointing authority. Director shall, in consultation with the Secretary to Government, Health & Family Welfare Department, Government of Odisha, frame standing order for the purpose of fixing the age, qualification and experience etc. required for direct recruitment to any post of the Centre and for promotion to any post belonging to Group-B, C & D. The Society is run by the fund given by State Government of Odisha, Government of India, the grants, donations and gifts from other Governments, Corporate Bodies, Institutions, Organization, other individuals, and charges collected towards admission, care and treatment of patients.

(2.) Pursuant to advertisement dated 27.08.2015 (Annexure-1), applications were invited in the prescribed form from eligible candidates for the post of Senior Residents in different disciplines to work in the AHRCC. The last date for submission of application form was 15.09.2015 (5.00 P.M.). The appointment was to be made in accordance with Government of Odisha Health and F.W. Department Resolution No. 2705/H of 03.02014. The petitioner, being a doctor and serving under the Government of Odisha at Cuttack, after completion of her post-graduation in the subject of Obstetrics and Gynaecology, applied for the post of Senior Resident on the subject Gynaecologic Oncology against one unreserved post. After selection was over, the result of unreserved category post of Senior Resident Gynaecologic Oncology was published on 30.10.2015, in which the petitioner's name was not found place.

(3.) Being aggrieved, the petitioner filed a representation on 31.10.2015 before opposite party No. 1. Due to in-action of the authority, she approached this Court by filing W.P.(C) No. 21814 of 2015, which was disposed of by order dated 14.12.2015 directing opposite party No. 1 to consider and dispose of the representation and pass appropriate order within a period of four weeks from the date of communication of that order. In compliance of the same, opposite party No. 1 passed an order on 28.01.2016 stating therein that AHRCC, Cuttack (opposite party No. 1) was guided by resolution/ notification issued by Government of Odisha from time to time. During the selection process, Government Order vide No. ME-I-IM -12/08/15510/H dated 11.06.2014 reached the office wherein the appropriate Government issued instruction to all the Dean and Principal that Senior Resident/Tutor required, as per the MCI norm, should be filled up as per the previous Government resolution No. 1314/H dated 11.01.2013 and corrigendum issued vide letter No. 5756/H dated 19.02.2013, whereas the advertisement clearly indicates that the appointment would be in accordance with the Government of Odisha Health and Family and Welfare Department Resolution No. 2705/H dated 002.2014, and consequentially rejected the representation, hence this application.