HC Advices Odisha Govt Against Contractual Hiring Of Assistant Profs For Medical Colleges

Cuttack: The Orissa High Court pulled up the government over stop-gap arrangement of appointing assistant professors in state-run medical colleges on contractual basis while dismissing a petition challenging one such engagement.

Dr Rakesh Kumar Ludam, a medical officer of Odisha Medical and Health Service (OMHS) cadre, had moved court challenging contractual engagement of assistant professors in government medical colleges by replacing another assistant professor appointed on contractual basis on completion of four-year contract period.

A medical officer of Odisha Medical and Health Service (OMHS) cadre, his deputation as assistant professor in department of Anaesthesiology at MKCG Medical College and Hospital, Berhampur, began on January 31, 2020, and ended on January 30, 2024.

While his lawyer argued that one contractual employee cannot be replaced by another contractual employee, the court observed that this principle did not apply in this case since the petitioner had sought to be repatriated to his parent cadre upon conclusion of his deputation.

The single judge bench of Justice SK Panigrahi, however, noted that appointment of assistant professor in medical institutions on contractual basis was unsustainable.

These posts are typically filled through regular recruitment by Odisha Public Service Commission (OPSC). However, pending such recruitment, the vacancies are being filled by contractual engagement or deputation of medical officers of OMHS cadre for four years as an interim measure to fulfil National Medical Council (NMC) norms.

Data reveals that more than 180 regular posts of assistant professors are lying vacant in different government medical colleges in the state.

“These posts must be filled up through regular appointments to ensure the integrity and stability of the academic and medical framework,” the November 22 judgment said.

The court directed the state government “to ensure that the OPSC initiates the recruitment process as expeditiously as possible for filling these positions with regular appointees, thereby addressing the prevailing culture of complacency and ad-hoc arrangements in public service”.