JUNIOR DOCTOR ASSOCIATION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) WHEN this case was taken up on 20th December, 2004, learned Advocate General, Jharkhand brought certain difficulties in implementing the Court's judgment and order dated 14th May, 2004 passed in WP (C) No. 5334 of 2003, Junior Doctor Association, Ranchi v. State of Jharkhand and others. It was submitted that there was no guide lines/rule framed for appointment on contract basis or by stop gap arrangement. It takes about six months to one year to fill up the posts on regular basis as the vacancies are to be identified and, thereafter, Jharkhand Public Service Commission (JPSC for short) will publish advertisement for selection and after its recommendation, the appointment can be made. It was further submitted that if the same procedure is followed to fill up the posts on contract basis/or by stop gap arrangement then it will take about six months period and in the meantime, public in general will suffer.

(2.) TODAY (22nd December, 2004), in course of argument, counsel for the petitioner made certain suggestions. Learned Advocate General also gave suggestions and place the case of the State. It was brought to the notice of this Court that the State of Jharkhand from its Health and Family Welfare Department, in the meantime, has come out with a Resolution No. 531(4) dated 21st December, 2004, whereby guide lines have been issued to fill up the Medical and Para -Medical posts on contract basis/or by way of stop gap arrangement.

(3.) HAVING heard the counsel for the parties and taking into consideration the suggestion made by them, the judgment of this Court passed in WP (C) No. 5334 of 2003 and the Government Resolution No. 531(4) dated 21st December, 2004 and to resolve the problem, we pass the following order :