THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition Nos.25484 & 26709 of 2008 and 21197 of 2009 COMMON ORDER: Thee three writ petitions are interconnected. Hence, they are disposed of through the common order. Even when the country was under alien rule, providing medical services was treated by the Rulers as their sacred obligation and the Government hospitals were established with well constructed buildings. The hospitals were handled by highly qualified Doctors and well trained sub-staff. That pattern continued till recently. However, the successive Governments appear to have thought it that it is no part of their obligation and the field can very well be left to private operators. The result is that a sort of adhocism was injected, in the administration of Government Hospitals as though they are temporary establishments. It is rather unfortunate that Government has chosen to appoint persons to handle key positions, on outsourcing basis or on contract with duration of about one year. Hardly one can expect any commitment of such persons to the institutions. If one compares the amounts spent on unviable, impracticable and attractive schemes, it becomes clear that the immediate, casualty in the meritorious medical services, and the precious public money is spent hardly with any tangent results. Added to this, the schemes are framed in such a way that irresponsible, unaccountable and unqualified persons are made as key players. One hardly needs any advise, or suggestion that the administration of the hospitals must be in the hands of well qualified doctors and committed administrators. In stead, the political wing of the Government had chosen to bring about Rogi Kalyan Samithis, just with an objective of rehabilitating their political affiliates, who could not be otherwise accommodated. They are given the free hand, to select and engage technically qualified persons, on outsourcing basis. Thus, administration of hospitals is virtually reduced to the status of running a front office for such semi-political organizations. The result is not difficult to imagine. The Government issued G.O.Rt.No.971 HM & FW(D1) department, dated 25.07.2008, issuing guidelines to be followed in the matter of 8766 posts of second ANM/MPHA through outsourcing. The guidelines are to the effect that notification shall be issued by the District Medical and Health Officer on behalf of the Samithis, which are constituted as the appointing authorities. In respect of sub-centers and primary health centers (PHC), the candidates, who are residents within the area of operation of the respective centers shall be preferred and if adequate number of them are not available, they can be selected from the mandal residents. If that also does not fructify, those, within the district level are selected. A notification for 809 posts was issued by the District Medical and Health Officer, Kakinada, East Godavari in the year 2008, for various sub-centers and primary health centers. The petitioners submitted applications. The select list was prepared for Inavilli P.H.C. The names of the petitioners in W.P.No.26709 of 2009 find place in it. However, the list was not finalized. Similarly, for the list prepared for P.H.C. of Katrenikona and T.Kothapalli, the names of the petitioners in W.P.No.25484 of 2008 are said to have figured. That list also was not finalized. On the basis of the guidelines issued by the Commissioner of Family Welfare, A.P., the lists were changed and a different selection altogether was undertaken. The result was that the petitioners in W.P.No.21197 of 2009 became eligible. W.P.Nos.25484 and 26709 of 2008 are filed with a prayer to declare the action of the respondents in cancelling the selections made for P.H.Cs of Inavilli, T.Kothapalli and Katrenikona, in accordance with G.O.Rt.No.971, dated 25.07.2008, as illegal, arbitrary and to direct the respondents therein to issue orders of appointment, in accordance with the selection lists prepared earlier. W.P.No.21197 of 2009 is filed challenging the very notification, dated 22.08.2008, stipulating certain guidelines, as being contrary to G.O.Rt.No.971, dated 25.07.2008 and to further direct the respondents therein to undertake selections, afresh. On behalf of the Government, a detailed counter-affidavit is filed. It is admitted that the guidelines were issued in G.O.Rt.No.971, dated 25.07.2008, and that the notification was issued in accordance with it. It is also pleaded that the Commissioner of Family Welfare has issued guidelines, in a way, explaining those contained in G.O.Rt.No.971 and the steps are being taken to finalize the selections. Heard Sri G.Simhadri and Sri P.V.V.Satyanarayana, learned counsel for the respective petitioners and learned Government Pleader for Social Welfare. The term of appointment on outsourcing basis is one year. The notification was issued in August, 2008. Though more than two years have elapsed, hardly there is any progress. The respondents have given a go by to well-established pattern of appointment and running of Government hospitals, including primary health centers and substituted the same with a not so perfect, a system. Even in the course of implementing such a system, there is hardly any consistency. For whatever it is worth, the Government issued G.O.Rt.No.971, prescribing the guidelines. The notification was issued under it and selection has progressed to a substantial extent. The subsequent clarifications or guidelines issued by the Commissioner are totally unacceptable. If he felt that any change in the G.O., is warranted, he ought to have taken up the matter with the Government and got necessary amendments. He just cannot issue his own guidelines, which on some aspects, run contrary to the rules contained in G.O. The guidelines have given rise to a situation, where the primary health centers, whose functioning itself is not so perfect are deprived of the services of such vast number of employees. Even now, the steps can be taken to finalize the appointments strictly in accordance with G.O.Rt.No.971. Hence, the Writ Petitions are disposed of, directing that the respondents shall proceed with and conclude, the selection for the posts under notification, dated 22.08.2008, strictly in accordance with the procedure prescribed under G.O.Rt.No.971, dated 25.07.2008, and complete the process within a period of one month from the date of receipt of a copy of this order. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.10.12.2010. GJ