ABOLU N. YEPTHO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) In W.P(C)/239/2024, the petitioners are all Medical Graduates possessing MBBS degree from respective recognized universities. The petitioners have stated that as per the provisions prescribed under the Nagaland Health Service Rules 2006, (hereinafter referred as the Rules of 2006). The post of Junior Grade/Medical Officer has to be filled up 100% by direct recruitment through the Nagaland Public Service Commission, (NPSC for short) by candidates possessing the minimum qualification of MBBS or equivalent degree of recognized universities.

(2.) The facts of the case as set out in the writ petition is that in order to tackle the Covid-19 Pandemic, the State Cabinet in its meeting held on 1/6/2020 had decided and approved that a formal proposal for requirement of medical personnel like Doctors, Nurses etc will be submitted by the Department of Health and Family Welfare (Do HFW for short), for approval of the competent authority. Accordingly, the proposal was submitted by the department and deliberated by the State Cabinet in its meeting held on 11/6/2020 and thereafter, by Memorandum dtd. 12/6/2020 approval was given for creation of 53 posts of specialist doctors for 11 Districts Hospitals in the State. Further, the State Cabinet in its meeting held on 23/6/2020 contemplated on a comprehensive proposal for creation of posts submitted by the Department of Health and Family Welfare and vide Memorandum No. CAB-2/2013 dtd. 25/6/2020 the Cabinet meeting minutes were forwarded conveying approval for creation of 44 posts of Medical Officers for the District Hospitals, Community Health Centers and Primary Health Centers amongst other posts. In the said Minutes dt. 25/6/2020 it was prescribed that the Department should clearly indicate that this appointment will be temporary and regular recruitment shall be conducted through a special NPSC recruitment drive. Accordingly, the State Government vide Notification dtd. 2/7/2020 notified the creation of various categories of posts under the Department of Health and Family Welfare. By this Notification of 2/7/2020 the creation of 15 posts of Junior Specialist and 44 Medical Officers was also notified.

(3.) It is stated that as recommended by the State Cabinet vide CAB 2/2013 dtd. 25/6/2020, the State Government vide Notification dtd. 5/7/2020 framed the basic guidelines for recruitment and service conditions of the Medical Officers, Nurses, Technicians and Others Para Medical staff. Clause 1 and 2 of the Notification dtd. 5/7/2020 stipulates that all the newly created posts is to be filled up by the Department within a months' time with proper advertisement. This appointment will be temporary/fixed and regular recruitment shall be conducted through a special NPSC recruitment drive for all posts coming under preview of NPSC. Accordingly, the Directorate of Health and Family Welfare, Nagaland issued Advertisement dtd. 4/8/2020 informing interested candidates to apply for temporary appointment against existing vacancies and the newly created posts. In the said advertisement, 15 post of Juniors Specialists and 168 (one hundred and sixty eight) posts of Medical Officers was advertised. As per the terms and conditions prescribed in the said advertisement the appointments were to be on temporary basis for a period of 12(twelve) months or direct recruitment through NPSC, whichever is earlier and the appointees would have no right to claim for regularization of the temporary service on any ground.