ASHISH KUMAR & ORS  Vs GOVT OF NCT OF DELHI & ANR -Judgment by Delhi High Court

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 31.01.2023
+ LPA 333/2019 & CM APPL. 22770/2019
ASHISH KUMAR & ORS ….. Appellants
Through: Mr. Rajmangal Kumar, Advocate.

versus

GOVT OF NCT OF DELHI & ANR ….. Respondents
Through: Ms. Aliza Alam, Advocate for Mrs. Avnish Ahlawat, Standing Counsel, GNCTD.

CORAM:
HON’BLE MR. JUSTICE NAJMI WAZIRI
HON’BLE MR. JUSTICE VIKAS MAHAJAN

NAJMI WAZIRI, J (ORAL)

The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The Government of NCT of Delhi (�GNCTD�) had informed all Aam Aadmi Mohalla Clinics empanelled doctors of the Mohalla Clinics through Office Order dated 09.10.2018 that they can continue with the services of Helpers and Multi Task Workers (�MTW�) engaged by them, under intimation to CDMO, within their increased remuneration of Rs. 40/- per patient for two months or till the time Pharmacist, Mohalla Clinic Assistants and MTW, are empanelled whichever is earlier in public interest w.e.f 28.09.2018. It was also informed that remuneration to the engaged staff would be given by the empanelled doctors. Since the Mohalla Clinics were managed/administered by the doctors as a small medical unit in residential colonies, they engaged staff for the day to day assistance in their exigent circumstances. The GNCTD was not a party to the engagement or employment of the temporary staff. It was left to the wisdom and prudence of the doctors. As per the order dated 20.07.2022, the government carried out a screening exercise in which 5304 candidates were called for providing assistance to the Mohalla Clinics. Of them 3,551 candidates met the minimum criteria of 40% qualifying marks and a list as per merit was prepared. The doctors of the Mohalla Clinics were free to pick any person as per the Merit List. Some of the petitioners in the writ petition had succeeded in the screening exercise, some didn�t. Indeed, 8-9 petitioners have already been inducted into the said project-related employment. The unsuccessful ones seek employment on the ground that since they have already rendered service to the Mohalla Clinics for two and a half years, therefore, they should be considered for employment. The said contention is more on hope than based on a right in law and cannot be sustained. The impugned order dated 05.04.2019 in W.P.(C) 3467/2019, rejecting their writ petition has reasoned as under:
�…
The petitioners were not recruited through any formal recruitment process, issuance of any public notice and they were on remuneration of Rs. 40/- per patient. Thus, they were not recruited on any regular post but they were engaged for temporary arrangement. Thereafter, all the petitioners participated in the recruitment process through public notice dated 2018 and could not be selected. Thereafter, the petitioners have no right to challenge the notification of 2018.
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2. The learned counsel for the appellant submits that of the successful candidates, those who have prior experience working in the Mohalla Clinics should be given preference. This argument cannot be sustained because it is up to the wisdom of the doctors to pick the candidates from the Merit List, as they deem appropriate.
3. We find no reason to differ with the rationale given in the impugned order.
4. The appeal is without merits and is accordingly dismissed.

NAJMI WAZIRI, J

VIKAS MAHAJAN, J
JANUARY 31, 2023
SS

2023/DHC/001481

LPA 333/2019 Page 3 of 3