HC Says Recruitment Process Appears Outside Statutory Rules; State Barred From Issuing Further Appointment Letters
The Himachal Pradesh High Court has stayed the recruitment process for 900 Assistant Staff Nurses (ASNs), raising serious concerns over the legality of the appointments and the state’s increasing dependence on outsourced employees. The court observed that the recruitment exercise appeared to be outside the framework of the existing statutory recruitment rules and directed the state government not to issue any further appointment letters until further orders.
A Division Bench comprising Chief Justice GS Sandhawalia and Justice Bipin C Negi passed the interim directions while hearing a batch of petitions related to recruitment policies and outsourcing practices in various government departments across the state.
Court Questions Legality of ASN Recruitment Policy
The controversy stems from a state government policy notified on November 6, 2025, under which 900 Assistant Staff Nurses were being recruited on a fixed honorarium through the Himachal Pradesh Rajya Chayan Aayog.
The High Court noted that while the government had created a new category of healthcare workers, it had not amended the existing statutory recruitment rules to accommodate the new cadre. The Bench observed that the recruitment process lacked a proper legal foundation and questioned the absence of clearly defined pay scales and service conditions.
“We are of the considered opinion that this whole process is de-hors of any rules, and even the pay scales have not been defined. The State is further deliberately complicating the issue and muddying the same,” the Bench remarked during the hearing.
Why Create New Posts When Regular Vacancies Exist?
The court also questioned the rationale behind creating a separate category of Assistant Staff Nurses when a substantial number of regular Staff Nurse posts remain vacant.
According to records submitted before the court, as many as 1,535 sanctioned posts of regular Staff Nurses are lying vacant in the Health and Medical Education Departments. The Bench asked why the government chose not to fill these vacancies through the established recruitment process.
The observations indicate the court’s concern that the state may be attempting to establish a parallel recruitment mechanism instead of strengthening regular healthcare staffing.
High Court Raises Concern Over Growing Outsourcing in Government Departments
During the proceedings, the High Court expressed alarm over the rapid rise in outsourced appointments across government departments.
An affidavit filed by Principal Secretary (Finance) Devesh Kumar revealed that the number of outsourced personnel in Himachal Pradesh has increased to 26,724, significantly higher than the 17,114 employees reflected in earlier records.
The court pointed out that Rule 112 of the Himachal Pradesh Financial Rules, 2009 permits outsourcing only as a temporary stop-gap arrangement and not as a replacement for regular recruitment.
Medical, Ayush and Education Departments Under Scanner
The Bench examined department-wise outsourcing figures and found substantial increases in key sectors.
The Directorate of Medical Education and Research reported 2,578 outsourced personnel, while the Department of Ayush disclosed 1,252 outsourced employees. The Directorate of Health Services reported a rise in outsourced staff from 253 to 842, while the Directorate of Higher Education recorded 1,289 outsourced workers.
The court observed that such large-scale outsourcing despite the availability of regular sanctioned posts raises serious questions about compliance with recruitment norms and service regulations.
HC Questions Health Secretary’s Foreign Visit Amid Financial Constraints
The High Court also dealt with an application filed by the Secretary (Health), seeking exemption from personal appearance due to an official visit to Japan related to a JICA project.
While granting temporary exemption, the Bench questioned the necessity of a ten-day foreign visit by a senior officer at a time when the state government has repeatedly cited financial difficulties.
“We are quite surprised that a senior officer is going abroad on a programme for ten days, whereas the State is cash-strapped,” the court observed.
The officer has been directed to remain present before the court on the next date of hearing.
Government Asked to Submit Detailed Affidavit
The High Court has directed the state government to file a comprehensive affidavit by July 7, 2026, detailing department-wise outsourced appointments made during the last three years and explaining how many such appointments were made despite the existence of regular sanctioned posts.
The court has also sought clarification on whether the creation and recruitment of an entirely new category of healthcare workers without corresponding amendments to statutory recruitment rules can legally withstand judicial scrutiny.
The matter is expected to have far-reaching implications for recruitment practices, outsourcing policies, and healthcare staffing in Himachal Pradesh as the case proceeds further.
