CUTTACK: The Orissa High Court has dismissed a batch of petitions challenging the change in the eligibility criterion for direct recruitment of assistant professors in government medical colleges and hospitals of the State. A single judge bench on Thursday said courts cannot interfere with the policy of the government either on the ground that it is erroneous or on the ground that a better, fairer or wiser alternative is available.
“Legality of the policy and not the wisdom or soundness of the policy is the subject of judicial review. In this case, the aforementioned policy is free of the vices mentioned above. Therefore, the Court does not find it appropriate to intrude outside of the sacred line of its duty”, Justice SK Panigrahi observed.
The batch of petitions was filed by assistant professors in government medical colleges and hospitals who were appointed on an ad-hoc/ contractual/ deputation basis on a monthly remuneration of Rs 60,000. The petitions challenged the advertisement (2021-2022) issued on November 10, 2021, for recruitment to 381 posts of assistant professor (broad speciality) in Group - A under the Odisha Medical Education Service cadre of the Health and Family Welfare Department.
They challenged the advertisement on the ground that their candidature was adjudged as per the Odisha Medical Education Service (Method of Recruitment and Condition of Service) Rules, 2021 instead of Odisha Medical Education Service (Method of Recruitment and Condition of Service) Rules, 2013. The altered eligibility criterion rendered the period of service provided by them useless and put them in a disadvantageous position, the petitioners alleged.
Under the 2021 rules, it requires that the candidate must have acquired a post-graduate degree in the broad speciality/super speciality or any other equivalent degree or qualification prescribed by the Medical Council of India /DCI from time to time. The Medical Council of India also recommends a one-year senior resident experience rather than three years of senior resident experience for direct recruitment to the post of assistant professor.
Justice Panigrahi said, “The 2021 rules have only opened the gates of competition which enables more candidates to participate in the selection process. It is therefore clear that the petitioners have not been left high and dry, discriminated against, or made ineligible for the selection against the advertised posts. They have the right to be considered and have, in fact, exercised such right and participated in the selection process. Their performance in the written test shall now decide the outcome of their participation.”