LAWS(MANIP)-2017-4-10

K SHYAM Vs. STATE OF MANIPUR THROUGH ITS COMMISSIONER(HEALTH)

Decided On April 05, 2017
K Shyam Appellant
V/S
State Of Manipur Through Its Commissioner(Health) Respondents

JUDGEMENT

(1.) By filing this Review Application, the judgment and order dated 18.8.2015 passed by the learned single Judge in WP(C)No. 28 of 2013 holding therein that the services of the petitioner has never been absorbed in JNIMS, rather he has been continued to be the employee of the State Government, has been sought to be reviewed.

(2.) Before adverting to the submissions advanced on behalf of the parties, the facts leading to filing of this Review Application are to be taken notice of as follows:

(3.) Jawaharlal Nehru Institute of Medical Sciences, Manipur (hereinafter referred to as JNIMS) upon being formed, was registered under the Manipur Societies Registration Act with aims and objectives to establish it as a Medical College. Upon its establishment, it approached to Medical Council of India for having permission to run a Medical College whereby a condition seems to have been imposed to have first independent teaching hospital with minimum infrastructure and teaching and non-teaching staff. Thereupon, in order to fulfill minimum requirement prescribed by the Medical Council of India, the Governor of Manipur vide its order dated 2.5.09 was pleased to place existing J.N. Hospital (JNS) and its staff under the academic, administrative and disciplinary control of the Director, JNIMS Imphal under certain terms and conditions which needs to be mentioned here as the contention of the petitioner would be revolving around it. The entire order dated 2.5.2009 reads as follows: