HC’s interim relief to in-service docs
Allows them to appear in selection process of BOPEE
Srinagar, Jan 16: Jammu and Kashmir High Court has agreed to hear a petition of doctors against a government circular restraining in-service doctors from pursuing further studies.
The court has also provided interim relief to doctors allowing them to sit in the selection process of J&K Board of Professional Entrance Examinations (BOPEE) for further studies.
The State government had issued a circular (06-HME-2015) on 19th October 2015 following which the Medical Officers were restrained from undergoing PG/MD Course while in service.
The petitioner medical officers approached court after they were barred by Director Health from appearing in exams for graduation courses advertised by BOPEE.
Doctors alleged that though they forwarded their application forms through proper channel but Director Health Services Kashmir has withheld the application forms and didn’t forward them to BOPEE.
A single bench of Justice Ali Mohammad Magrey provided interim relief to the petitioner doctors by allowing them to appear in the selection process for Post graduate courses.
The bench issued notices to Director Health and BOPEE in view of the petition and asked them to respond within four weeks.
Providing interim relief to the medical officers, the court allowed them to sit in selection process for post graduate courses at their own risk and responsibility without any rights flowing in their favour out of mere participation in selection process.
The Bench said the interim order shall be subject to objections of other side and not to be taken as one determining petitioners eligibility for post graduate courses.
The medical officers had approached the court through their counsel Nazir Ahmad Ronga against the circular which bars them to appear in selection process for further studies.
Advocate Ronga while terming the circular as illegal rebutted the reasons mentioned by the government for the impugned circular. He pleaded that the reason for shortage of doctors in the State cannot be attributed to the in-service doctors.
During the arguments, Ronga blamed government for shortage of doctors, failing to fill the vacancies according to the demand. He pleaded that petitioners cannot be prevented from pursuing higher studies and made to suffer unreasonably.
Petitioners said there are thousands of doctors without jobs and if the government till now had advertised posts the vacancies would have been filled. “It is a willful lapse on part of the government as they are not acting in a reasonable manner to meet their demands, for which the petitioners cannot be punished,” they pleaded while praying for quashing the impugned circular.