Eligibility for medical faculty appointments must strictly adhere to established qualifications to ensure integrity in recruitment processes.

JUDGMENT :

KARDAK ETE, J.

Heard Mr. N. Anju, learned counsel for the petitioner. Also heard Mr. T.Tagum, learned Standing Counsel for the Health and Family Welfare Department, for respondent Nos. 1 and 2.

2. By instituting this writ petition, the petitioner has put to challenge the part of the order being No. TRIHMS/PF/53/2018/(pt) dated 27.09.2024 passed by the Commissioner (Health & Family Welfare) -cum- Chairman Executive Committee TRIHMS, Government of Arunachal Pradesh, whereby, by cancelling the selection and appointment of one Mrs. E. Sruti, as Assistant Professor, Bio- Chemistry, pursuant to the advertisement dated 15.03.2024, has directed to issue fresh advertisement for the said post of Assistant Professor, Bio-Chemistry after obtaining written clarification from the National Medical Commission (in short NMC).

3. Briefly put, the petitioner is serving as Junior Specialist under Arunachal Pradesh Health Service (APHS), at General Hospital Bomdila, West Kameng District, Arunachal Pradesh under the Health and Family Welfare Department, Govt. of Arunachal Pradesh. Prior to her joining as the Junior Specialist under the Health & Family Welfare Department in the State of Arunachal Pradesh, he had worked as Senior Resident at AIIMS, Deogarh for more than a year.

4. The Director (TRIHMS) issued an advertisement dated 15.03.2024 calling for interview for filling up of the posts of Professor, Associate Professor and Assistant Professor in different departments. The petitioner having the eligible and requisite qualification as per the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022, (herein after referred to as the Regulations, 2022 in brevity) has applied for the post of Assistant Professor in Bio-chemistry. On completion of the interview, a select list was published vide dated 20.06.2024 for the post of Professor, Associate Professor and Assistant Professor of TRIHMS faculty, on the basis of the recommendation of the selection committee including the post of Assistant Professor, Biochemistry, in which one Mrs. E. Sruti and the petitioner have been selected, however, the petitioner is placed in the Waiting list No.1.

5. Having found that the respondent authorities have selected one Mrs. E. Sruti, who is not eligible to be appointed as per the Regulations, 2022, the petitioner has approached this Court by way of writ petition being WP(C) 246/2024. This Court vide order dated 25.06.2024 has directed the respondent Nos.1 and 2 not to appoint any candidate including the respondent no.3 (Mrs. E. Sruti) as Assistant Professor, Bio-chemistry in TRIHMS pursuant to the advertisement dated 15.06.2024.

6. During the pendency of the above writ petition, vide order dated 27.09.2024, the Commissioner (Health & Family Welfare) -cum- Chairman Executive Committee TRIHMS, Government of Arunachal Pradesh, has cancelled the selection and appointment of Mrs. E. Sruti on having found that the husband of the Mrs. E. Sruti, Head of Department of Bio-Chemistry of TRIHMS, was member of the Scrutiny Board for verification of the documents and on likelihood of personal bias as well as in order to avoid the ambiguity and legal complicacy in the future recruitment process, directed to issue fresh advertisement for the post of Assistant Professor, Bio-chemistry after obtaining written clarification from the NMC. However, vide subsequent order dated 15.11.2024, the direction to issue fresh advertisement for the post of Assistant Professor, Bio-chemistry after obtaining written clarification from the NMC has been recalled and deleted.