CUTTACK: In a significant judgment, the Orissa High Court has set aside the order passed by Odisha Administrative Tribunal (OAT), Cuttack Bench, in respect of recruitment of 109 doctors as Assistant Professors in government-run medical colleges.
A division bench comprising Justice I Mohanty and Justice Biswanath Rath has held that the advertisement for recruitment of Assistant Professors in different medical colleges and hospitals of the State was legal and justified.
The view of the Tribunal that the advertisement had not been issued as per the new amendment in Medical Service Rules in 2010 was incorrect. The amendment in 2010 had been made after issuance of the advertisement relating to different eligibility criteria, the bench observed.
The court’s verdict came in response to 33 writ petitions filed by several doctors challenging the judgment of OAT.
As per the case record, in 2010, an advertisement was issued by Odisha Public Service Commission inviting applications for more than 100 posts of Assistant Professors for three government medical colleges of the State. The commission had prescribed eligibility requirement as per 2009 Medical Service Rules. Pursuant to such advertisement, applications were submitted and appointments made in 2012.
It is further stated that after the first advertisement, another advertisement was issued in 2011-12 after which 67 original applications were filed before the Tribunal seeking relaxation of eligibility criteria and also an appeal to the Tribunal to quash both the advertisements.
Considering the same, the Tribunal, in its judgment in 2013, quashed both advertisements holding that both were not in conformity with the Rules as amended up to 2010.
The division bench of the High Court, after hearing the argument, has issued several directions by setting aside the judgment of OAT.