The Aurangabad bench of the Bombay High Court has given an ultimatum to Maharashtra government to fill up “huge vacancies” of professors, doctors and other medical, nursing or teaching staffers at government medical colleges and hospitals across the state by October 31.
The bench cautioned the government that it would not entertain a request for extension of time for the same.
The bench noted that HC orders passed on various occasions since 2021 indicated that the state government was time and again directed to fill up the medical posts as the government medical colleges and hospitals have to be fully functional with such a strength and infrastructure.
The bench said that “shortfall in any of these areas would always create a situation wherein, there would be no smooth functioning of the Government Hospitals.”
Justice Ravindra V Ghuge and Justice Sanjay A Deshmukh passed the order on April 20 while hearing a public interest litigation (PIL) moved by AIMIM MP Syed Imtiaz Jaleel, seeking to fill up vacant posts of doctors in government hospitals and those run by local bodies.
On February 10, raising concerns over a large number of vacant posts, the court had directed the government to fill up the vacancies on a “war footing” and provide details of the number of vacant posts.
Last week, Additional Government Pleader S G Karlekar submitted a communication dated April 12 sent to him by the state Medical Education and Drugs Department.
As per the said communication, of the 348 sanctioned posts of professors or doctors across government hospitals and colleges in Maharashtra for clinical subjects, 118 were vacant.
Moreover, while among the 689 sanctioned posts of associate professors, 226 were vacant, and of the 1,068 posts of assistant professors, 691 were vacant.
Moreover, for non-clinical subjects, of 214 posts for professors, 75 were vacant and of 480 posts of associate professors, 135 were vacant. Of 493 posts of assistant professors for non clinical subjects, 116 were not filled.
Of 1084 sanctioned posts of Assistant Professors in clinical subjects 591 are vacant and amongst the non-clinical category, vacancies are 124 out of 744.
Of the 4,264 sanctioned posts for Group-C technical category staff, 1,713 are vacant, whereas of 3073 non-technical posts, 1,249 are vacant in the state.
Moreover, out of 11,665 sanctioned posts for nursing staff, 3,974 are vacant and of 9543 class-4 category staff positions, 3,974 are vacant.
During an earlier hearing, the bench was informed that Haffkine Institute, Mumbai will no longer be continued as sole supplying agency for Government Hospitals as a corporation is being set up in the state to ensure uninterrupted supply of medicines.
AGP Karlekar, on April 20, also submitted that steps have been initiated and the authorities are committed to ensure the continued procurement and supply of medical consumables, medical devices, medical equipment and medical goods.
The bench held, “Considering our orders passed since May 4, 2021 onwards, we are now constrained to issue directions to the Government, by way of an ultimatum, that the above mentioned vacancies, especially amongst doctors comprising of professors, associate professors and assistant professors, shall be filled in by October 31, 2023. We are striking a note of caution that we would not entertain a request for extension of time with regard to this direction.”
The bench added that while its earlier orders passed repeatedly directing the government to fill up vacancies were complied with to quite an extent, the above stated vacancies need to be filled in.
Jaleel, who appeared in person, referred to March 13 communication issued by Directorate of Medical Education and Research (DMER) stating that medical professors were being deputed to the newly established Government Medical Colleges at Parbhani and Osmanabad as the National Medical Commission (NMM) had planned to inspect the new hospitals on March 27.
Jaleel said the move was to “create a make-believe picture” before NMM to show the staff vacancies are cleared to render the new hospitals viable and eligible for recognition.
The bench said it was astonished by the DMER’s stand. The HC will hear the plea next on June 13.
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