‘Contempt of court,’ say MCI staff as health ministry asks them to vacate building

The order triggers fears of retrenchment for the 90-plus employees

Gujarat government proposes 5 new medical colleges to augment MBBS seats Representational Image

A ‘work from home’ order from the Union health ministry has triggered fears of retrenchment for the 90-plus employees of the erstwhile Medical Council of India.

On September 25, the National Medical Commission became operational replacing the MCI that was being governed by a board of governors since its dissolution in 2018. Even as new members of the NMC work out the modalities of their operations, the regulator for medical education and ethics is set to face several challenges, beginning with the fate of the erstwhile MCI's employees.

On October 5, barely a fortnight since the NMC became operational, the staff reporting to work at its office in Dwarka found a notice from the health ministry pasted on the entry gate ordering them to "vacate the office with immediate effect". However, the 92 employees would continue to serve the organisation as per the Delhi High Court order from last November, the notice read.

"The health ministry's order amounts to contempt of court. It has once again put our future in jeopardy,” a senior employee told The WEEK. On September 25, their computers were made dysfunctional and a couple of days later, the biometric attendance system was also removed, the employee said. The affected employees include peons, administrative and senior officials.  

The issue of the fate of the 90-plus employees of the erstwhile MCI as reported by THE WEEK earlier has been ongoing ever since the NMC Act was introduced in the Parliament in 2017. The Act contained a "retrenchment clause" for the entire staff of the MCI. Since then, the affected employees have been opposing the move to terminate them on several grounds including "principles of natural justice", their right to employment and the fact that they are innocent. "We have done no wrong, why are we being punished? The government can investigate us, and if any wrong doing is proved, we are ready to face action. But in absence of that, this move is inhuman, especially given the fact that in the current pandemic situation, most of us who have served here for decades will find it very hard to find employment," the employee said. Last November, the employees had approached the Delhi High Court. The court had then ordered status quo on the matter, until the next hearing in November this year.

The employees have now written to the Union health ministry that the notice to vacate the building amounts to "wilful disobedience" of the court's order. The newly-constituted commission had been utilising the services of the contractual staff—hired to work in the interim—further jeopardising the relevance of the permanent MCI employees.

Retaining the erstwhile MCI employees was important, said a health ministry official. “Removing them enmasse would mean that the organisation has no institutional memory. This will certainly hamper their functioning,” the official said. The new body would also face the challenge of hiring new staff, who would take time to understand and acquaint themselves with the processes and operational procedures, the official added.

Commenting on the other challenges, the official was of the view that the NMC, with its four autonomous boards and an independent head for each board, could face several co-ordination issues. “Building consensus will be difficult for the different boards in the current structure. Besides, students are already concerned about the fee structure as for 50 per cent of the seats, the fee would be fixed by the NMC. Holding the exit exam would be another major challenge for the new body,” the official said.

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