DOCTORS IN AMMA MINI CLINIC SHOULD NOT BE APPOINTED THROUGH OUTSOURCING RULES MADRAS HIGH COURT MADURAI BENCH In line with appointing 2500 nurses through outsourcing method which was cancelled by the Madras High Court Madurai bench earlier, Government started recruiting Doctors to Amma Mini Clinic through against which a Public Interest Litigation was filed challenging GO (ms) 588 dated 30.12.2020 which empowers the government to appoint around 2000 doctors at a pay of Rs 60,000/- through outsourcing and walk-in interview method without following rule of reservation came up before Justice Hon’ble Justice Mr M M Sundaresh and Ms S Ananthi Mr Puhazh Gandhi P, counsel/advocate for the petitioner argued that the said

DOCTORS IN AMMA MINI CLINIC SHOULD NOT BE APPOINTED THROUGH OUTSOURCING RULES MADRAS HIGH COURT MADURAI BENCH

In line with appointing 2500 nurses through outsourcing method which was cancelled by the Madras High Court Madurai bench earlier, Government started recruiting Doctors to Amma Mini Clinic through against which a Public Interest Litigation was filed challenging GO (ms) 588 dated 30.12.2020 which empowers the government to appoint around 2000 doctors at a pay of Rs 60,000/- through outsourcing and walk-in interview method without following rule of reservation came up before Justice Hon’ble Justice Mr M M Sundaresh and Ms S Ananthi

Mr Puhazh Gandhi P, counsel/advocate for the petitioner argued that the said method will lead to corrupt practices without following any due selection process. Further such an enmasse appointment through an outsourced agency will deny the right of employment for qualified candidates. Further doctors are skilled professionals who are to save the lives of the people. If such unqualified appointments are made, it will put Covid-19 patients in risk.

The Judges having found prima facie force in the argument of Mr Puhazh Gandhi and condemned the such a procedure and questioned why the usual method of appointment giving opportunity to others should not be followed.

Mr Sricharan Rangarajan, learned additional advocate general submitted that a letter has been issued by the Health Secretary yesterday i.e., 03.02.2021 wherein it was instructed to appoint the doctors through District Health Society in every district in compliance with the earlier order passed by this Hon’ble court in 19465/2021 where the court cancelled appointment of nurses done through outsourcing and directed the state to appoint through District health society by following selection process and following rules of reservation.

Puhazh Gandhi P, counsel submitted that the govt has hurriedly passed this letter yesterday 03.02.2021. However rule of reservation is not followed. Further any appointment falling under the medical services has to be made through Medical Recruitment Board, Employment exchange by following the rules of reservation. If reservation is not followed it will defeat the principles of social justice. This type of illegal and irregular practice of appointment lead to corruption in large scale.

The Advocate General Submitted that due to COVID emergency appointments are to be made without loss of time and hence such a method is adopted. Further Advocate General said these AMMA MINI CLINICS are not permanent and it is only temporary and all appointments are temporary. The appointments made will not be made permanent.

Hearing the arguments of parties court condemned the practice of outsourcing method as it will lead to malpractices. Further reservation should be followed in whatever way possible. Accepting the arguments of counsel Mr Puhazh Gandhi, the court held that doctors are public appointments and directed the state government not to make any appointment through any third party outsourcing agency and should be strictly appointed by the govt through District Health Society or any other suitable government agency by providing equal opportunity to every qualified person.

Further court also took the argument of additional Advocate General that the AMMA MINI CLINICs are only temporary and that all posts will be for a duration of 1 year. The court directed to go in for a regular selection based recruitment process if the AMMA MINI CLINICS are extended beyond 1 year. Further court also directed that any appointment made should be reviewed before the term of one year and under any circumstances it should not be made regular permanent. Further court held that horizontal rule of reservation should be followed and disposed of the writ petition with such a direction.

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