Court quashes previous denial based on medical condition and past disciplinary action, citing seniority-cum-rotation policy adherence.
In a significant ruling, the Madhya Pradesh High Court has directed the appointment of Dr. Devendra Kumar Shakya as the Head of the Department of Ophthalmology at Gajra Raja Medical College, Gwalior. The judgment, delivered by Justice Anand Singh Bahrawat, quashed the previous decision denying Dr. Shakya's appointment due to his medical condition and a past disciplinary penalty. The court emphasized the importance of adhering to the seniority-cum-rotation policy as outlined in the circular issued by the Department of Medical Education on August 5, 2023.
Dr. Shakya, a senior professor with nearly 35 years of service, had been denied the appointment despite being the senior-most professor in his department. The denial was based on his diagnosis of Stage-IV Carcinoma Prostate in 2020 and a disciplinary penalty from 2016. However, the court found these reasons insufficient, noting that Dr. Shakya had competently discharged his duties during his previous tenure as Head of Department from December 2020 to September 2023.
The court criticized the arbitrary nature of the denial, highlighting that the circular mandates appointments based on seniority and rotation, without evidence of inefficiency or unfitness. It was noted that Dr. Shakya's performance had not been questioned, and no adverse remarks or show-cause notices had been issued against him during his service.
The respondents, including the State of Madhya Pradesh, were unable to justify their deviation from the established policy, which had been consistently applied in other departments. The court ordered the immediate appointment of Dr. Shakya to the position, asserting that the grounds used to deny him were neither rational nor supported by evidence of unfitness.
This ruling reaffirms the principle of fair administrative practices and adherence to established policies, ensuring that seniority and competence are respected in appointments within educational institutions.
Bottom line:-
Appointment to the position of Head of Department in a medical college must adhere to the seniority-cum-rotation policy outlined in the circular issued by the Department of Medical Education. Medical condition of the senior-most eligible candidate cannot be used arbitrarily to deny such appointment, especially in the absence of evidence of inefficiency or unfitness to perform administrative duties.
Statutory provision(s): Article 226 of the Constitution of India
