HC quashes appointment of DME
Recruitment was done without advertisement from three applicants only, new process ordered in three months
By Our Staff Reporter
Guwahati, Sept 20: The Gauhati High Court has quashed the appointment of Dr Bhabani Prasad Chakraborty as the in-charge Director of Medical Education and directed the State government to fill up the post through proper procedure.
A bench of Justice U Bhuyan asked the government to initiate a fresh recruitment process within three months following the procedure laid down under the provisions of Assam Medical Education Service Rules, 2008 (2008 Rules).
While examining the challenge of transfer of service of three senior doctors - Dr Kabul Chandra Saikia, Dr Adindra Kumar Adhikary and Dr Bhabani Prasad Chakraborty, the issue of filling up the post of DME was taken note of by the High Court.
Since coming into force of the 2008 Rules, Dr Umesh Chandra Sarma, Dr Debojit Hazarika, Dr Dhrubajyoti Borah and Dr BP Chakraborty were appointed as DME and out of them only Dr Umesh Chandra Sarma was appointed through the APSC.
The others were appointed as in-charge DME as per orders of the Health Minister in a stop-gap arrangement. On previous occasions, no applications were received from intending candidates for the post of DME. The last incumbent - Dr Dhrubajyoti Borah - on being elected as the president of Axom Xahitya Xabha - expressed his desire to relinquish the post of DME.
At this stage, Dr BP Chakraborty, Dr Debojit Hazarika and Dr Basanta Kumar Baishya submitted their applications to the government for the post of DME. All of them had stated that they had come to know from "reliable sources" that the post of DME was going to fall vacant shortly and therefore they had submitted their applications. The record did not disclose issuance of any advertisement nor any invitation extended by the Health department inviting such applications.
On March 26 last, the Health Minister passed an order in the note sheet appointing Dr Bhabani Prasad Chakraborty as DME.
The court, in its earlier interim order dated April 10, had observed that confining the selection to only the three applicants without any advertisement or invitation by the department was not justified. "This is certainly not the procedure prescribed for appointment of DME under the 2008 Rules" observed the bench in its judgment.
However, with regard to the transfer of service of Dr Kabul Chandra Saikia, the court directed the Health department to consider his grievance of transfer from GMCH, Guwahati to FAAMCH, Barpeta. The fresh exercise is to be carried out by the Principal Secretary within 30 days.