Madras HC restrains TN health dept from filling up faculty in Yoga colleges

The first bench of Chief Justice Sanjib Banerjee and Justice P D Audikesavalu granted the interim injunction while admitting a writ petition from the All India Yoga, Naturopathy Post Graduate (MD) Doctors Association, by its president Dr S Ashok Kumar and two others, recently.

As the government prayed for time to file its counter, the judges posted the matter for further hearing on November 10. Till then no efforts shall be made to fill up the vacancies, the bench said.

The PIL sought to declare Rule 5 (b) of the ad hoc Rules framed by the Health department through a GO dated July 27 this year as ultra vires of the ones framed by the University Grants Commission (UGC) in 2018.

The minimum qualification prescribed for the posts of principal, professors and assistant professors in these colleges are post graduate, as per the UGC regulations. Whereas the ad hoc rules paved the way for recruitment of persons holding under graduate degree. The Adhoc Rules are arbitrary as they would create inequality in comparison to other appointments in Siddha, Ayurvedha, Unani and Homeopathy Government Colleges and for promotions to higher posts, for which the candidates should possess PG degree, petitioner contended.