Veterinary Assistant Surgeon
1st March, 2016
In Atouzo Pienyu (Dr) & Ors vrs. The State of Nagaland & Ors, a case filed by Atouzo Pienyu and 27 other unemployed veterinary doctors under the banner of “Unemployed Veterinary Graduates Association”, the legality of the regularization of 15 doctors as Veterinary Assistant Surgeon (VAS) by the government in the State Veterinary Department was challenged on the ground that their initial selection was not through NPSC by way of advertisement and conduct of exams and therefore “such regularization was illegal, unconstitutional and arbitrary”. The Hon’ble High Court, Kohima Bench, on 14th November 2014, quoting extensively from Supreme Court judgments namely, Umadevi case, 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”. Finally, the Hon’ble judge, N. Chaudhury, in a landmark judgment concluded that regularization of 13 out of 15 doctors as VAS “are untenable in view of the law laid down by the Hon’ble Supreme Court.Their regularization orders, therefore, are hereby set aside”.
The Additional Advocate General, Nagaland, in his written submission to the Commissioner & Secretary, V & AH department, dated 28th Jan 2015, contented that, “After giving serious consideration, I am of the opinion that there is no legally sustainable ground for preferring an appeal”.
The Hon’ble High Court order is a blanket ban on regularization of services of all backdoor appointees in every department under the State government. The P&AR department should therefore, stop its desperate attempt to regularize the services of the 19 backdoor appointee doctors, 2009-11 batch, as Medical Officers (MO). Both the P&AR and Medical departments are reminded that such regularization, henceforth, would amount to Contempt of Court.
Finally, by issuing the appointment order of those 2015 NPSC cleared 18 Medical Officers on 1st March 2016, after a criminal delay of 4 months, sanity has mercifully returned to the Medical department.
Media Cell, ACAUT Nagaland.