ACAUT Nagaland has alleged that the Health & Family Welfare (H&FW) department, in blatant violation of the state government’s office memorandum (OM) issued on June 6, 2016, and the High Court’s order dated August 5, 2016, was conducting an “illegal ‘Suitability Test for Regularisation’ of 19 contract doctors (2009-11 batch) and two x-ray technicians” on August 17 at the Conference Hall, H&FW directorate.
In a press release, ACAUT said the “so-called suitability test” moved by secretary, H&FW, for regularisation of contract employees was violative of both the latest OM, 2016, and the HC judgment, which not only banned all kinds of contract appointments but also barred regularization of contract appointees.
ACAUT pointed out that the latest OM, 2016, made explicit mention of Dr. Atouzo Vs. state of Nagaland case whereby the Guwahati High Court, Kohima Bench, rendered illegal the regularization of 13 Veterinary Doctors and dismissed their appointments with the remarks “such regularization was illegal, unconstitutional and arbitrary.”
Quoting extensively from Umadevi case, ACAUT said the High Court noted that “The entry of these appointees into the service having been achieved through back door cannot acquire any right and so regularization of their services would amount to negating the prescribed procedure at the cost of Articles 14 and 16 of the Constitution of India.”
Thus, ACAUT said that it was incumbent upon the H&FW department to not only stop the illegality of the regularisation process as conducted by it but to allow all the contract posts in the department to lapse since the 19 doctors were appointed between 2009 and 2011. It added that the necessary one year contract period has already lapsed.
Maintaining that the posts of Medical Officers (MO) come under the purview of NPSC examination, ACAUT said the Cabinet or the P&AR department therefore cannot regularise any posts.