HC dismisses appeals against 2007 NRHM selections

Srinagar, Dec 13: The High Court of J&K and Ladakh Friday upheld its single judge bench’s decision of 2013 that a candidate from the block where the Primary Health Centre (PHC) is located has an edge in selection as medico and paramedic over the candidate belonging to a different block in the district under National Rural Health Mission (NRHM) scheme.

A division bench of Justice Sanjay Dhar and Justice Rajesh Sekhri dismissed as “without merit” a batch of appeals against the judgment the single judge bench had passed on May 27, 2013.

In its decision, the single bench had held the appointment of the candidates belonging to other blocks non-locals, contrary to the NRHM Scheme as well as to the Advertisement Notification, issued by Chairman Executive Committee, J&K State Health Society on 31.11.2007, that “preference will be given to the candidates below the age of 40 years and are residents of block where the health institution is located so as to ensure continuous presence of the doctors/paramedics for 24 hrs x 7 days.”

The division bench held that it was in agreement with the single bench that in the matter of selections, which were questioned before the single judge, the authorities had acted contrary to and in violation of NRHM Scheme and the advertisement notification.

The bench however held that since these selections and appointments were made more than seventeen years back in 2007, it would not be appropriate to disturb the selections.

While the bench  pointed out that these engagements were contractual, initially for a period of one year and extendable from time to time subject to the satisfactory work and conduct of the candidates, it said: “ It would, therefore, be in the fitness of the things as also to better serve the ends of justice that the engagements already made are not disturbed and the writ petitioners (candidates who had challenged selection of candidates before single bench), who are not in permanent employment of the Government and still interested, are considered for such engagements in the next year.”

“In case there are no vacancies available to adjust the writ petitioners the term of engagement of equal number of candidates, who are outsider/non-locals and last in the merit/select list be not extended”

The court directed the authorities to adhere to the local criteria, as envisaged in the scheme in letter and spirit so that in future no unnecessary litigation is generated.