MADURAI: Observing that the creation of new posts and recruitment of candidates is within the realm of policy decision of the government, the Madurai Bench of the Madras High Court recently dismissed a Public Interest Litigation (PIL) petition which sought the appointment of sufficient number of permanent dialysis technicians in government hospitals in the state.
A bench comprising justices J Nisha Banu and S Srimathy passed the order after the government counsel submitted that the government had taken a policy decision in 2020 that no new posts would be created in any department. Therefore, the government could not be forced to create new posts through court orders, the judges added.
It could be noted that the earlier division bench, which consisted of justices MS Ramesh and AD Maria Clete, had directed the government to appoint permanent dialysis technicians on a war footing. The said bench had also pulled up the health department for ignoring the aforesaid order and a recommendation letter sent by the Director of Medical Education (DME) for the creation of new posts of dialysis technicians.
However, when the matter came before the present division bench, the government counsel submitted that there is no dearth of dialysis technicians in the government medical institutions to run the available dialysis equipment in the state. The state had already recruited 158 dialysis technicians, serving at respective centres.
Further, 268 technicians were recruited through the Medical Recruitment Board (MRB) and Chief Minister's Comprehensive Health Insurance Scheme (CMCHIS) and 240 dialysis students are working as interns, the counsel added. Further citing the ban, the government counsel sought dismissal of the petition.