CAT Grants Interim Relief to RML Critical Care Doctor in Head of Department Appointment Dispute

Interim Relief Granted to Doctor at ABVIMS

Background of the Case

In a recent ruling, the Central Administrative Tribunal (CAT) Principal Bench in New Delhi has granted interim relief to a doctor affiliated with the Atal Bihari Vajpayee Institute of Medical Sciences (ABVIMS), which is linked to Dr. Ram Manohar Lohia (RML) Hospital. The Tribunal has instructed the authorities to refrain from implementing Office Memorandums (OMs) concerning Head of Department (HoD) appointments, specifically in relation to the applicant.

Details of the Challenge

The Tribunal’s interim order was issued in response to the doctor’s challenge against the rotational HoD policy established by the Union Health Ministry. The applicant contended that, despite being the senior-most faculty member, her application for the HoD position was not recommended.

The doctor filed a plea requesting the annulment of a circular dated November 13, 2025, which was issued in accordance with the rotational policy outlined in an OM dated May 17, 2024. Additionally, the applicant sought to invalidate several other OMs issued by the Union Health Ministry that established a three-year tenure for HoD positions and limited individuals to a maximum of two terms.

Furthermore, the applicant requested permission to retain her role as HoD until reaching the age of 62 years, asserting her entitlement to continue in the position of HoD for Critical Care Medicine under the CHS (Amendment) Rules, 2019, in conjunction with the OM dated July 19, 2016.

Arguments Presented

The applicant’s counsel highlighted that the doctor has over seventeen years of continuous service in Anaesthesiology and Critical Care Medicine within the Central Service. The counsel noted that the authorities had invited applications for the HoD position in three Central Government Hospitals and associated Medical Colleges, but the Critical Care Medicine position was not advertised at that time.

Despite not exceeding the statutory age limit of 62 years, the applicant’s candidacy was overlooked. Counsel emphasized that she was the only faculty member at level 14 and thus the senior-most.

The counsel referenced Regulation 3 of the National Medical Commission (NMC) Teachers Eligibility Qualifications (TEQ) Regulations, 2022, which outlines the qualifications for appointment to teaching faculty and administrative positions in medical institutions. Specifically, Regulations 3.9 and 3.10 detail the requirements for HoD appointments.

Opposing Views

In contrast, the counsel for the authorities argued against granting interim relief, asserting that the HoD position is an administrative role at the discretion of the executive and is not categorized as a promotional position. The authorities maintained that the applicant had not been removed from her position and insisted that the policy decision was not subject to judicial review.

CAT Tribunal’s Observations

After evaluating the arguments from both sides, the Tribunal acknowledged the clarity of clause 3.10. It expressed confusion regarding the Ministry’s interference in the critical care units, which could influence the operations of prominent hospitals such as RML. The Tribunal noted the absence of any complaints about the applicant’s performance as HoD since September 7, 2019.

In its decision, the Tribunal recognized that the applicant had established a prima facie case, as clause 3.10 clearly stipulates that appointments to administrative posts in government institutions should be based on seniority.

Interim Order Issued

As a result, the CAT bench granted interim relief to the applicant, directing the respondents not to implement the contested OMs dated January 10, 2023, April 11, 2023, March 28, 2024, May 17, 2024, and September 13, 2024, with respect to the applicant.

The Tribunal also issued a notice requiring a response within four weeks, allowing the applicant to file a rejoinder within two weeks thereafter. The parties were informed that they could seek modifications or vacation of this order through appropriate remedies.

Related Developments

Previously, Medic Helpline reported that a related plea concerning HoD appointments in medical colleges is under consideration by the Supreme Court of India. This case challenges a Karnataka High Court ruling that determined the HoD position is not administrative and excluded it from the NMC’s regulatory framework. Currently, the matter is still pending before the Supreme Court.

The Union Health Ministry’s OM issued on January 10, 2023, specified that HoD appointments would be limited to a tenure of three years or until reaching the age of 62, whichever occurs first, and capped the number of terms at two.

For more details, you can view the order [here](https://medicaldialogues.in/pdf_upload/cat-delhi-principal-bench-312837.pdf).

Conclusion

As discussions surrounding the appointment of HoDs in medical institutions continue, the outcome of this case may significantly impact future policies and practices in medical administration.