New Delhi : Dr Navneet Goel appointment as the Medical Director of Dr Babasaheb Ambedkar Hospital in Delhi has been quashed by the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad of the Delhi High Court on the ground that the Delhi government’s Health Department had created the position without following the proper procedures. The Court said that the power of the state as an employer cannot be exercised arbitrarily and must comply with constitutional and legal requirements, adding that public employment in a democratic republic should adhere to the Constitution and established procedures. The court further said that the state’s power as an employer is more restricted compared to that of a private employer due to constitutional limitations.
The order of the court was in response to Public Interest Litigation (PIL) filed by Suresh Gaur. The petitioner has claimed that the appointment of Dr. Goel was made in an illegal and arbitrary manner, and there was mismanagement at the hospital since Dr Goel assumed the position.
The court found that the post of Medical Director was created without following due process and without adhering to the relevant statutory provisions. It criticised the authorities for appointing Dr Goel to an irregular post without considering the criteria set by themselves. The court also mentioned that the eligibility for the post of Medical Director was based on vague criteria, which granted excessive discretion to the government, and emphasised the importance of fairness and transparency in public employment. The court allowed the PIL and ordered the annulment of Goel’s appointment as the Medical Director of the hospital.
