HC stays outsourced recruitment, State bypass recruitment rules -

Shimla, June 17

Raising questions over outsourcing and recruitment practices in government hospitals, the Himachal Pradesh High Court has stayed further appointments of Assistant Staff Nurses (ASNs) and questioned the State government’s failure to frame proper recruitment rules for filling healthcare posts.

A Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi observed that appointments cannot be made merely on the basis of a government policy when no corresponding amendments have been made to the statutory Recruitment and Promotion (R&P) Rules.

The court directed the State not to issue any further appointment letters to Assistant Staff Nurses and not to allow selected candidates to join service.

The latest order came during the hearing of a batch of petitions challenging outsourced recruitment in various government departments. The court noted that affidavits filed by the Health and Finance Departments had strengthened its earlier concerns that appointments were being made outside the prescribed legal framework. The bench found that despite the existence of large-scale vacancies, the government had failed to explain why regular recruitment was not being undertaken.

During earlier hearings, the High Court had sharply questioned the outsourcing model adopted by the State and asked how companies having no expertise in recruitment could be entrusted with hiring nurses and other healthcare personnel.

The court had specifically questioned the engagement of a company involved in the supply of hospital materials, including phenyl, for recruiting nursing staff, observing that the government had failed to frame any clear policy or eligibility criteria for selecting outsourcing agencies.

Also Read

Himachal Pradesh HC raises concerns over outsourced recruitment

The court had also repeatedly expressed concern over the absence of transparency in outsourced recruitment and whether such appointments were being made in violation of statutory recruitment procedures.

On Tuesday, Principal Secretary (Finance) Devesh Kumar appeared before the court in person in compliance with earlier directions. Secretary (Health) M. Sudha Devi had also been directed to remain present. However, the State informed the bench that she was on an official foreign visit to Japan in connection with a JICA project. While granting exemption from personal appearance, the court expressed surprise that a senior officer was undertaking a foreign tour when the State was facing financial constraints and directed her to appear on the next date of hearing.

The court was informed that 672 Staff Nurse posts are vacant in the Health and Family Welfare Department and 863 posts are vacant in the Department of Medical Education and Research, taking the total vacancies to 1,535. Despite these vacancies, the government created a new category of Assistant Staff Nurses and initiated recruitment without amending the recruitment rules.

The bench also took note of revised figures submitted by the Finance Department showing that the number of outsourced employees in government departments and undertakings had increased from 17,114 to 26,724. The court observed that this reinforced its earlier view that a large number of appointments had been made through outsourcing agencies instead of following a fair and regular selection process.

Observing that outsourcing under the Himachal Pradesh Financial Rules is intended only as a temporary and stop-gap arrangement, the court said it cannot become a substitute for regular public employment. The judges noted that the State appeared to be continuing with outsourced engagements even while the matter remained under judicial scrutiny.

The High Court has sought a detailed affidavit from the government indicating how many outsourced employees have been recruited during the last three years and the number of regular vacancies against which such appointments have been made. The next hearing in the matter has been fixed for July 7.