‘DISTURBED’ HC ORDERS SACKING OF SENIOR BABU

Bench expresses dissatisfaction over recruitment process for Director of State Health department

A division bench of Justice Naresh Patil and Justice Rajesh Ketkar criticised the government for dragging the recruitment process for nearly six years. The judges were ‘disturbed’ to note that there has been nearly two rounds of litigation in the HC as well as the Supreme Court, wherein potential candidates, who have been denied appointment had dragged the government to the courts.

The Bombay High Court recently expressed its displeasure over the casual approach of the Maharashtra government in appointing a fulltime Director of the Public Health Service Department. The HC has asked the government to remove the incumbent Director Satish Pawar, from the post.

A division bench of Justice Naresh Patil and Justice Rajesh Ketkar criticised the government for dragging the recruitment process for nearly six years. The judges were "disturbed" to note that there has been nearly two rounds of litigation in the HC as well as the Supreme Court, wherein potential candidates, who have been denied appointment had dragged the government to the courts.

The judges said, "It is really disturbing to note that for selecting a suitable person to an important post of Director, Public Health Service, process is dragged on for near about six years. This is second round of selection process which too has failed to convince the courts."

The Administrative Tribunal had earlier expressed its displeasure, by a reasoned judgment and order, setting aside the shortlisting criteria adopted by the MPSC. In the earlier round of litigation too, the HC had confirmed the view adopted by the Tribunal and had directed the government to oust the incumbent director Satish Pawar. The government had challenged that order in the Apex Court but to the misfortunes of the government, the top court had upheld the HC's orders.

Taking a note of the SC orders, the judges said, "What is more heartening and surprising is that despite of the Supreme Court orders the Director still continues to hold the post. We find that even there was a delay by MPSC to start the selection process as directed by the courts. We must make it clear that we are not at all satisfied with the explanation provided by the MPSC in this regard."

The judges were hearing a plea of some potential candidates who were denied appointments to the post. The candidates contended that the procedure adopted by the MPSC for recruiting the director was in contravention to the MPSC Rules of Procedure, 2014.

Pulling up the MPSC, the judges said, "The MPSC committed a grave error in seeking requirement of Diploma in Public Health or equivalent along with post-graduation in clinical subject or PSM as one of the requirements."

"In the facts of the case, we find that it would be highly unreasonable to allow Dr. Satish Pawar to continue to hold charge of the Director in the teeth of the orders passed by the courts. We are convinced that his continuation to the said post is in breach of letter and spirit of the order passed by the Apex Court way back in December 2015,"the judges remarked.