KSHETRIMAYUM MOTILAL SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE present writ petition has been filed challenging the contract appointment of respondent No.9 as Ayush doctor under the State Health Society, Manipur under National Rural Health Mission primarily on the ground that her appointment is contrary to the terms and conditions of the advertisement issued for such appointment.

(2.) THE stated case of the petitioner is that the State Mission Director, State Health Society, issued an advertisement/notification dated 22.10.2011 inviting applications from eligible candidates against various vacancies notified therein. There were two groups of posts which were advertised for appointment at the Head Office and District level. A number of posts for doctors including 8 Ayush Doctors in various districts mentioned therein were advertised. A corrigendum was issued on 27.10.2011 to the earlier advertisement showing some changes in the distribution of vacant posts for the various districts mentioned therein. One post of Ayush doctor for Imphal East district was advertised in the corrigendum issued. The said notification dated 22.10.2011 provided for giving preference to candidates who are domiciles of the districts. It also provided that engagement of posts except for specialist doctor, MBBS, Ayush doctor shall be done by the District Health Societies and preferably from the candidate belonging to the district. It was also mentioned that the vacancies are liable to be changed. The relevant provisions contained in the notification dated 22.10.2011 may be reproduced as follows: -

(3.) THE official respondents No.1 and 4 have filed their affidavit in opposition. The respondents contended that even though different categories of vacant posts were notified, in terms of clause (9) of the notification, the vacancies were liable to be changed. The State respondents also had contended that the posts of Ayush Doctor were to be filled up at State level as the Doctors are transferable as per the guideline and they are not permanently attached to any particular district unlike other paramilitary posts such as Ayush Pharmacists who were selected at the District level and the petitioner himself also applied at the State level. The respondents also stated that though preference could be given to the residents of concerned Districts, for which posts were advertised, performance and qualification take precedence. It has been also stated that the respondent No.9 who had been recommended for appointment is also a resident of Imphal East District. It was stated that upon up -gradation of the Khonghampat Primary Health Sub -Centre (PHSC) in Imphal West District in December, 2011, requirement for posting of one Ayush Doctor there was felt as per guidelines of the Indian Public Health Standard, and as such, the newly selected Ayush Doctor had been posted in the Imphal West District. It is also stated that Imphal West District does not have a single Ayush Doctor and Ayush (Yoga) can be effectively integrated with the School Health Programme of the SHS. It was also stated that the respondent No.9 was having wide experience in teaching Yoga & Naturopathy for over 20 years in various institutions of repute such as, Parmarth Nature Cure & Yoga Centre, Rishikesh, Red Cross Institution of Yoga at Hyderabad, Internal Security Academy, Mt. Abu etc and the Selection Committee selected her on the basis of her performance.