MADRAS HIGH MADURAI BENCH CANCELS APPOINTMENT OF NURSES IN AMMA CLINIC DONE THROUGH OUTSOURCING.
The Public Interest Litigation was filed by one Mr Vairam Santhosh challenging GO (ms) 530 dated 05.12.2020 which empowers the government to appoint around 2500 nurses through outsourcing in AMMA CLINICS came up before Justice Hon’ble Justice Mr M M Sundaresh and Ms S Ananthi
Mr Puhazh Gandhi P, counsel/advocate for the petitioner argued that the said method will lead to corrupt practices without following any due selection process. Further the selection is done by a private man power agency in a secretive and selective manner denying opportunity to others. Such an enmasse appointment through an outsourced agency will deny the right of employment for qualified candidates. Further nurses are skilled professionals who are to save the lives of the people. If such unqualified appointments are made, it will put Covid-19 patients in risk.
The Judges having found prima facie force in the argument of Mr Puhazh Gandhi and condemned the such a procedure and questioned why the usual method of appointment giving opportunity to others should not be followed. The Judges ordered status quo on the appointment on 05.01.2021 and posted the matter for final arguments today 21.01.2021.
Puhazh Gandhi P, counsel submitted that inspite of the undertaking given by the Advocate General, appointments are made through an external agency named M/s King Man Power Agency in violation to the orders of this court. Further any appointment falling under the medical services has to be made through Medical Recruitment Board, Employment exchange by following the rules of reservation. If reservation is not followed it will defeat the principles of social justice.
The Advocate General Submitted that due to COVID emergency appointments are to be made without loss of time and hence such a method is adopted.
Hearing the arguments of parties court condemned the practice of outsourcing method as it will lead to malpractices. Further reservation should be followed in whatever way possible. Accepting the arguments of counsel Mr Puhazh Gandhi, the court held that nurses are public appointments and directed the state government not to make any appointment through any third party outsourcing agency and should be strictly appointed by the govt through District Health Society or any other suitable government agency by providing equal opportunity to every qualified person. Further the court also cancelled all appointments made till now in AMMA CLINIC through the the third party man power agency.