Gauhati High Court Kohima Bench has directed the State government to appoint an ombudsman as per Rule-4 of the Nagaland Human Immuno Deficiency Virus and Acquired Immune Deficiency Syndrome (Ombudsman and Legal Proceeding) Rules, 2019 within 45 days. The court was hearing a petition filed by Network Of Nagaland Drugs &AIDS Organisations and Network Of Naga People Living With HIV.
The two-bench judge of Justice S. Serto and Justice Kakheto Sema observed that Rule-4 provided that any person who is a retired district or sessions judge, or who has minimum ten years working experience or extensive knowledge in matters relating to public health or health delivery systems, or is a qualified healthcare provider who is a physician with a minimum of ten years work experience, or is a person working in an non-governmental organisation with similar experience and knowledge could be appointed as an ombudsman.
They said the rule stated that where a person other than a retired district or session’s judge was appointed as an ombudsman, the State government should provide him with assistance from the justice & law department on legal issues that could arise in the course of his work.
Going by the provision of the rule, HC stated that the health & family welfare joint secretary could not be designated as ombudsman because of the obvious reason that he did not meet the requirements. Hence, the court said the state government had no choice but to follow the rule while appointing/designating a person as an ombudsman.
Leave a Reply