Chandigarh:The Government Medical College and Hospital, Sector 32 has been reprimanded for taking recruitment matters in its own hands by the Central Administrative Tribunal (CAT), Chandigarh bench, which has quashed the direct appointment of tutors done by it. The Tribunal has given directions to the college to strictly adhere to the 2016 Punjab rules for faculty recruitments, which call for 75 percent posts to be filled via promotion and the remaining through direct recruitment.
The college had indulged in the indiscretion of filling 11 of the vacant 15 posts via direct recruitment. This led to 5 of the GMCH, Sec-32 staff nurses moving CAT against the Director, the Secretary, UPSC, the UT Administration and the Union of India.
In July 2016, when the GMCH-32 invited applications for filling four posts of tutor on a “direct contract basis”, objections were raised by nurses about all posts being filled through direct recruitment; with the criteria of 75 percent recruitment through promotions- being overlooked.
Initially, the college had 6 tutor positions which were later enhanced to 15, with the creation of 9 more posts.
The nurses who initially submitted a representation moved onto issuing a legal notice to the Government Medical College saying that avenues of promotions for them were blocked. The reply given to them by the college was that new rules were being drafted for the purpose. As a further clarification, it was also stated that the state of Punjab was also in the process of drafting new rules.
Nevertheless, the existing rules call for 75% recruitments to be done via promotions and 25% through direct appointments.
The Tribunal responding to the nurse’s plea made the following observations:
- UT follows the Punjab recruitment rules and of the 15 posts, 11 fell under the promotion quota.
- GMCH had already filled 12 posts via direct recruitment and more applications had been invited for filling of the rest
The Tribunal further observed that drafting of their own rules by the college did not take away the rights of the eligible for promotion, under the garb of new rules being under formulation. The Tribunal speaking further on new rule formulation explanation said these continued to remain ‘draft rules’ only, reports Tribune.
Additionally, CAT clarified that unless the 2016 rules were replaced by the Chandigarh Administration, authorities were bound to follow the 2016 rules, issued by Punjab.
In line with the above stated, CAT has quashed and set aside the appointments made. The Tribunal has further given directions that the GMCH consider the claim of the applicants or similarly situated persons like applicants for promotion to the post of a tutor, in accordance with the 2016 rules by Punjab, if found eligible.