GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Paramedical
Recruitment 2002 – Filling up of the posts Multi Purpose Health Assistant
(Male) on contract basis – Orders of the Hon’ble Supreme Court of India, dated
9.8.2011 in Civil Appeal No.4267/2006 and batch cases – Instructions – Issued.
HEALTH MEDICAL
AND FAMILY WELFARE (J2) DEPARTMENT
G.O.Rt.No.273
Dated 16.02.2012
Read the following :-
1. G.O.Ms.No.217,
HM&FW (J2) Dept., dated 26.02.2001
2. G.O.Rt.No.459,
HM&FW (J2) Dept., dated 22.05.2002
3. G.O.Rt.No.159,
HM&FW (J2) Dept., dated 16.05.2003
4. From the
Hon’ble High Court, orders dated 11.9.2003 in W.P.No.15107/2002 and batch.
5. From the
Hon’ble Supreme Court of India, orders dated 7.8.2006 in SLP (c)
No.1925-44/2004
6. G.O.Rt.No.1234,
HM&FW (J2) Dept., dated 15.09.2006
7. Govt.Memo.No.10397/J2/2004-,
dated 29.09.2006.
8 From the
Hon’ble Supreme Court of India, orders dated 9.8.2011 in Civil Appeal
No.4267/2006 and batch cases.
9. Representation
Sri G. Rajendra Prasad and other contract MPHA (M) dated 10.11.2011.
10. From the DPH&FW, Lr.No.19247/E4.IA/2000,
dated 4.1.2012.
$$$
O R D E R :
- In the G.O. 2nd and 3rd read above, permission have
been accorded for filling up of vacancies of Multi Purpose Health
Assistant (Male), under the control of Director of Health / Director of
Medical Education / Commissioner of APVVP and Commissioner, Family Welfare
in the State on contract basis initially for a period of one year on
consolidated payment at 100% gross salary attached to the posts by
selection of candidates following the procedure prescribed. Accordingly,
in pursuance of the notification issued on 20.7.2002 a written examination
was conducted on 11.8.2002 for recruitment of the said Paramedical Staff.
- On receipt of complaints that
the certificates issued by the Private Institutions unrecognized, a number
of candidates have appeared for examination to the post of Multi Purpose
Health Assistant (Male). Government have ordered an enquiry into the whole
matter and postpone the selection process pending enquiry into the matter.
The enquiry committee constituted, submitted report according to which the
certificate issued by one of the private institutions were not authentic
and another private institution awarded Diploma to the students who were
trained prior to the recognition and also to the students who started
their training prior to the recognition of the said institute by the
Government. In some cases, certificates claimed to have been issued to the
students who had undergone training from July 2001 to April, 2002 for a
period of 9 ½ months as against the prescribed period of one year and such
certificates cannot be considered as valid. The committee has recommended
to cancel the written test conducted on 11.8.2002 in respect of
recruitment to the post of Multi Purpose Health Assistant (Male).
- Government have carefully
examined of the matter, have accepted the recommendation of the Enquiry
Committee. Accordingly Government have decided to cancel to the orders
issued in G.O.Rt.No.459, HM&FW Department, dated 22.5.2002,
G.O.Rt.No.524, HM&FW Department, dated 15.06.2002, and G.O.Rt.No.561,
HM&FW Department, dated 22.06.2002, to the extent of selection process
of Multi Purpose Health Assistant (M) only. Accordingly, the written test
conducted on 11.8.2002 in pursuance of the notification issued by the
Director General of Medical and Health Services and Commissioner, APVVP,
in respect of the recruitment to the post of Multi Purpose Health
Assistant (M) was cancelled vide orders issued in G.O.Ms.No.484, HM&FW
(J2) Deptt., dated 24.12.2002.
: : 2 : :
- Aggrieved by the above
cancellation certain individuals have approached Hon’ble High Court by
filing WP.NO. 422/2003 challenging the cancellation of written test. The
Honble High Court has in its interim order dated 28.4.2003 has directed to
a) to appoint candidates who have
passed their Diploma in Public Health and Sanitation from Government
institutions provided
such candidates have passed the Diplomas after having attained the
qualification of Intermediate
b) After the posts are filled up by the
candidates who have passed through Government agencies and have Intermediate
qualification, the remaining vacant posts if any, shall be filled up by the
candidates who have passed the Diploma from other private Institutions and have
also Intermediate qualification.
- Complying the above orders of
Hon,ble High Court, MPHA (M) posts were filled with the candidates with
Intermediate qualification without considering the meritorious SSC
candidates available in the selected list from the Notification issued and
examination conducted in the year, 2002.
- In the reference 4th read above, the Hon’ble High
Court in its judgement dated 11.9.2003 in W.P.No. 15107/2002 and batch
cases directed as follows:
a) W.P.No.422 of 2003 and other similar
Writ Petition challenging G.O.Ms.No.484 HM&FW (J2) Department dated
24.12.2002 directly before the High Court are maintainable.
b) Prescribing SSC and Diploma
certificate from recognized institutions by the Government is competent and
legal and it did not over ride the statutory rules in G.O.Ms.No.273 HM&FW
(H1) Department dated 24.04.1989 and accordingly the orders of Andhra Pradesh
Administrative Tribunal in O.A.No.6856 of 2002 stands modified warranting no
amendments to statutory rules noted supra.
c) G.O.Ms.No.484 dated 24.12.2002 is
quashed and W.P.No.422/2003 and similar Writ Petitions are allowed
d) All the interim orders in the Batch
of Writ petitions ceased to have any effect. Consequently, we direct the State
Government to prepare the select list of candidates in accordance with Rules,
who possessed SSC and Diploma certificate either from Government Institutions
or the four private institutions referred to supra including College of Medical
Technology, Ongole, as the cancellation of recognition of the said College was
effected on 5.7.2002 which is the subject matter in separate Writ Petitions.
However, if any selected candidate from this institutions is holding
certificate issued on 5.7.2002 or thereafter it shall not be given effect to.
The candidates so selected shall be issued with the appointment orders within
period of four weeks from today duly terminating the services of the
candidates, who were appointed on the basis or interim orders and not figuring
in the select list prepared under this Order. “
- Aggrieved by the final orders
dated 11.9.2003, certain candidates who were appointed as Multi Purpose
Health Assistant (Male) by virtue of interim directions of the Hon’ble
High Court dated 28.4.2003 filed SLP.(c) No.23115/2003 and on 13.12.2003,
the Supreme Court had made the following order:
“Until further orders, the
petitioners shall be allowed to continue in service”
- Government has also filed SLP
before the Supreme Court of India and its orders dated 6.2.2004 in SLP (C)
No.1925-44/2004 wherein the Hon,ble Supreme Court has directed the
Government of A.P. not to make any fresh appointment in pursuance of the
High Court Judgement, however, the appointments which were made shall not
be disturbed. In other SLPs, the Supreme Court directed to continue the
petitioners in service till further orders.
:: 3 ::
- On a petition filed by the
State Government, the Hon’ble Supreme Court of India in their interim
order dated 7.8.2006 in SLP (C) No.1925-44/2004 while vacating the stay granted
earlier in the matter, permitted the State Government to fill up the
vacancies of MPHA (M) from the selected candidates subject to outcome of
the Special Leave Petitions.
- In the reference 6th read above, the Government
permitted the DPH&FW to go ahead with the appointment of MPHA (M)
subject to the outcome of the final judgment of the Supreme Court of India
in terms of Memo.No.10397/J2/2004, dt.29.9.2006.
- In the reference 8th read above, the Hon’ble Supreme
Court has dismissed the Civil Appeals filed by the private parties and by
the State of Andhra Pradesh.
Hence, the judgement of Hon’ble High Court in W.P.No.15107/2002 and batch
cases dated 11.9.2003 has become operative which is as under - “to prepare
selected list of candidates of the notification 2002 in accordance to the rules
who possessed SSC and Diploma certificate either from Government Institutions
or the four Private Institutions referred to supra including College of Medical
Technology, Ongole as the cancellation of recognition of the said College was
effected on 5.7.2002 which is the subject matter in separate writ
petitions. However, if any selected candidate from this institution is
holding certificate issued on 5.7.2002 or thereafter it shall not be given
effect to. The candidates so selected shall be issued with the appointment
Orders within a period of four weeks from today duly terminating the
services of the candidates, who were appointed on the basis on Interim
orders and not figuring in the select list prepared under this order on
contract appointment”.
- In the reference 9th read above, some of the Multi
Purpose Health Assistants (Male) appointed on contract basis in the year,
2003 and 2006 in pursuance of DSC 2002 have requested to regularize their
services as they are likely to be displaced by the persons to be selected
afresh in the revised selection list consequent on implementation of High
Court Judgement in W.P.No.15107/2002 and batch cases, dated 11.9.2003. The
Government have considered that there is no provision to protect them from
replacement of their services from contract appointment to the post of
MPHA (M), as this is on account of implementation of the Hon’ble High
Court Judgement in W.P.No.15107/2002 and batch cases, dated 11.9.2003.
Hence, the representation is rejected.
- In the reference 10th read above, the Director of
Public Health and Family Welfare, has reported as follows:
a)
Approximately
Total 2400 candidates were appointed in 2003 as per interim directions of
Hon’ble High Court of A.P. and approximately 1780 candidates were appointed in
2006 as per final orders of Hon’ble High Court of A.P.
b)
Recasting
exercise has been done only for those vacancies which are filed during 2003
only, since these vacancies were filed on interim orders of High Court.
c)
504
candidates shall be inducted to implement the Supreme Court Judgment and same
number of candidates will be effected.
d)
For
implementation of Hon’ble Supreme Court orders the candidates who were effected
shall be terminated, otherwise it leads to anomaly that candidates with lower
merit will be in contract service while several other candidate who are higher
in merit to effected candidates are not in contract service.
e)
The
newly inducted candidates shall be appointed from prospective date and the
period of contract shall be of one year as per G.O.Rt.No.459, HM&FW Department,
dated 22.05.2002.
:: 4 ::
- The Director of Public Health
and Family Welfare has also reported that since the amendment issued for
recognition the private institutions were deleted vide in G.O.Ms.No.23,
HM&FW Department, dated 23.01.2008 in G.O.Ms.No.277, HM&FW Department,
dated 05.07.2002 in G.O.Ms.No.67, HM&FW dated 5.1.2008 in G.O.Ms.No.187
HM&FW Department dated 15.06.2007 whether to consider the candidates
with certificates from the private institutions for the contract
appointment. Merit list has to be again re-casted if in CBCID enquiry any
bogus certificates are detected.
- The Government after careful
consideration hereby accord permission to the Director of Public Health
and Family Welfare to take action as per the final judgement of the
Hon’ble High Court dated 11.9.2003 in W.P.No. 15107/2002 and batch cases
and to prepare a fresh selected list of candidates of the notification
2002 in accordance to the rules who possessed SSC and Diploma certificate
either from Government Institutions or the four Private Institutions
including College of Medical Technology, Ongole as the cancellation of
recognition of the said College was effected on 5.7.2002 which is the
subject matter in separate writ petitions. If any selected candidate from
this institution is holding certificate issued on 5.7.2002 or thereafter
it shall not be given effect to. The candidates so selected shall be
issued with the Orders duly terminating the services of the candidates, who
were appointed on the basis on interim orders and not figuring in the
select list prepared under this order, as the Hon’ble Supreme Court
dismissed the SLPs, till these contract appointments are replaced by
permanent recruitment likely to be taken up later.
(BY ORDER AND IN
THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
K.R.KISHORE
PRINCIPAL
SECRETARY TO GOVERNMENT
To
The
Director of Public Health and Family Welfare, Hyderabad
All the
District Collector in the State
All the
Regional Director of Medical and Health Services in the State
All the
District Medical and Health Officer in the State
The
Director of Treasuries and Accounts, A.P., Hyderabad
The Pay
and Accounts Officer, Hyderabad
Copy to :-
The
Accountant General (A&E), A.P., Hyderabad
The
Finance (SMPC) Department
The
HM&FW (G) Department
The OSD
to M (H & FW)
The P.S.
to M (ME)
The P.S.
to Spl.C.S.
The
P.S.to Prl.Secy.,
SF/SCs.,
//forwarded :: by order //
SECTION OFFICER
