Press Release: Illegal ‘Suitability Test for Regularisation’ by H&FW.

16th August, 2016

In blatant violation of the State Government’s Office Memorandum (OM) issued on 6th June, 2016, and the Hon’ble High Court’s order dated 5th August, 2016, the Health & Family Welfare Department is conducting an illegal ‘Suitability Test for Regularisation’ of 19 contract doctors (2009-11 batch) and 2 X-ray technicians on 17th August, 2016, 10 am onwards at the Conference Hall, office of the H&FW. The so-called Suitability Test notification signed by Mr. Maongwati Aier, IAS, Secretary, H&FW, for regularization of contract employees is volatile of both the latest OM, 2016,and the HC judgment which has not only banned all sorts of contract appointments but has also barred regularization of contract appointees as well. The latest OM, 2016, has made explicit mention of Dr. Atouzo Vs. state of Nagaland case whereby the Hon’ble 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.” The Hon’ble High Court, quoting extensively from 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.” Thus, it is incumbent upon the H&FW department to not only stop the illegality of the regularization process but to ensure that all the contract posts in the department lapses since the 19 doctors were all appointed between the years 2009 and 2011; and therefore, the 1 year contract period has already lapsed.

The posts of Medical Officers (MO) come under the purview of NPSC examination and therefore the Cabinet or the P&AR department cannot regularize any posts. The Chief Secretary is expected to intervene since the OM 2016 was passed by the Cabinet on the aid and advice of his office.

Media Cell, ACAUT Nagaland.

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