Orissa HC stays selection of assistant professors at AHPGIC
On May 28, the director of AHPGIC issued an advertisement inviting applications for 17 posts of assistant professors in six super specialty disciplines. A petition challenged the legality of the advertisement alleging that the selection process outlined in it was a violation of the Odisha Medical Education Service (Method of Recruitment and Conditions of Service) Rules, 2021, and the institute's own bye-laws. Dr Paresh Chandra Mohanta, an assistant professor in the department of TB and chest diseases at MKCG medical college and hospital, Berhampur, along with four others filed the petition.
The advertisement outlined selection based solely on academics - 40 per cent weightage to MBBS marks for candidates who completed their post-graduation before 2016/2017, and 20 per cent from PG - without holding a written test. However, as per Clause 4 of the Odisha Medical Education Service Rules, recruitment to the post must be conducted through a written examination.
Advocate Jitendra Kumar Lenka, representing the petitioners, argued the Supreme Court of India has consistently held that appointments made in violation of statutory rules are null and void. He sought quashing of the advertisement and directions for issuing a fresh one in line with the statutory rules and bye-laws of AHPGIC.
Taking note of it, Justice Aditya Kumar Mohapatra issued notices to both director and dean of AHPGIC seeking reply affidavits within two weeks. 'As an interim measure, it is directed that the selection process pursuant to the advertisement dated May 28, 2025 shall continue, however no final decision shall be taken without the leave of this court,' Justice Mohapatra ruled.
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