MP High Court Questions Deputation Of Veterinary Doctor As 'Health Officer' Without MBBS Degree, Says It Speaks Volumes About Manner Of Postings
The Madhya Pradesh High Court has expressed concern over the manner in which a veterinary doctor was sent on deputation as a Health Officer in Gwalior Municipal Corporation–a "non-existing post", specially when he did not have an MBBS degree which is the minimum qualification. The Court further directed the state authorities to clarify as to how they posted a veterinary doctor against a...
The Madhya Pradesh High Court has expressed concern over the manner in which a veterinary doctor was sent on deputation as a Health Officer in Gwalior Municipal Corporation–a "non-existing post", specially when he did not have an MBBS degree which is the minimum qualification.
The Court further directed the state authorities to clarify as to how they posted a veterinary doctor against a post for which minimum qualification is MBBS. It directed the Municipal Corporation to submit a reply giving details of officers working on deputation including the period of their posting, why steps for regular appointments were not being taken and why employees on deputation are not being repatriated.
Justice Gurpal Singh Ahluwalia in his order observed:
“However, one thing is clear that respondent No.6 was posted against a non-existing post that too when he is not holding the MBBS degree. Petitioner has filed copy of letter dated 14.05.2020 written by Administrator Municipal Corporation, Gwalior for repatriation of various officers who were posted on deputation. From this letter, it appears that as many as 62 officers/employees have been posted in Municipal Corporation, Gwalior on deputation. The manner in which respondent No.6 was sent on deputation on non existing post, specifically when he was not holding the minimum qualification also speaks in volumes about manner of posting certain officers on deputation. Respondents No.1 to 5 are also directed to clarify as to how they can post a veterinary doctor against post for which the minimum qualification is MBBS. Although a veterinary doctor was posted as a Health Officer/Sanitary Officer in the Municipal Corporation, Gwalior, but still numbers of dog bites were alarming and even small kids have suffered severe dog bites.”
The five respondents in the present matter are–Principal Secretary Administration Urban & Development Department, The Principal Secretary Department of Veterinary Services & Animal Husbandry, The Commissioner Administration Urban & Development Department, The Director Veterinary Services & Animal Husbandry and Municipal Corporation Gwalior.
Background
The court was hearing a doctor's plea aggrieved by the order passed by the Respondent no. 1/Principal Secretary, Administration Urban & Development Department, whereby Respondent no. 6, a veterinary doctor was posted as Medical Officer on deputation in the Department of Urban Administration and Development. Therefore, the petitioner had sought a writ in the nature of quo-warranto by challenging the posting of respondent No.6 in Municipal Corporation, Gwalior as a Health Officer on the ground that respondent No.6 is a veterinary doctor and he has been asked to work as Health Officer in Municipal Corporation, Gwalior.
The petitioner submitted that there is no post like Health Officer in the Municipal Corporation. Earlier the post was known as Health Officer but now it has been re-designated as Chief Sanitary Officer. The said post is to be filled up by 100% promotion from the post of Sanitary Officer and the post of Sanitary Officer is to be filled up by 100% promotion from the post of Assistant Sanitary Officer. Minimum qualification for the post of Assistant Sanitary Officer is MBBS. Since Respondent No. 6 is not MBBS therefore, he was not entitled to hold the post of Health Officer.
In its order dated March 13, the Court noted that corporation in its response since, veterinary doctor was posted by State Government, therefore, it had given the NOC. The court had then opined that there was a prima facie case for issuing an interim order and had directed Respondent No. 6 to immediately stop functioning as Health Officer in the Corporation.
Findings
In its March 19 order the court noted the submissions of Respondent No. 3/Commissioner, Urban Administration and Housing Department that the entire exercise of posting of Respondent No. 6 as 'Health Officer; was done at the behest of Department of Urban Administration and Development. The Department had sought information regarding vacancy, pay scale and consent of Commissioner for deputation of Respondent No. 6 to the post of Health Officer.
The High Court in its order expressed shocked over manner in which Principal Secretary of Administration Urban & Development Department and Principal Secretary of Department of Veterinary Services & Animal Husbandry had filed its response, with respect in which capacity he had signed the affidavit and on behalf of which respondents.
The OIC has signed general index as OIC of respondents No.1/Principal Secretary, Administration Urban & Development Department and 2/ The Principal Secretary, Department of Veterinary Services & Animal Husbandry whereas cause title of return says that it is short return on behalf of respondent No.2 and respondent No.4 i.e. Director Veterinary Services and Animal Husbandry.
The Court noted that Respondent No. 2 and 4 have put the entire burden on the State. But the court said that it was clear that respondent No. 6 was posted against a non-existing post that too when he is not holding the MBBS degree.
The court further granted last opportunity to Principal Secretary–Administration Urban & Development Department and Commissioner–Urban Administration and Housing Department to file a detailed return and explain as to what prompted them to initiate the proceedings for sending respondent No.6 on deputation to the Municipal Corporation, Gwalior, and also called for the entire record.
The matter is next listed on April 3.
Case Title: Dr. (Mrs) Anuradha Gupta Vs The State Of Madhya Pradesh And Other, WP No. 9096 Of 2024
