JABALPUR, India, Aug. 23 -- Madhya Pradesh High Court issued the following judgment/order on July 23:

1. By taking exception to the order dated 10.12.2024 passed by learned Single Judge in Writ Petition No.5943/2022 whereby the writ petition filed by the present appellants was dismissed, the appellants have preferred the instant intra-court appeal under section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005.

2. The appellants are working as Security Guards on contractual basis through security agencies and are rendering their services to respondent no.4/Bhopal Memorial Hospital and Research Centre (in short "BMHRC") since 2002. BMHRC is an Institute of Indian Council of Medical Research (in short "ICMR")

3. A policy decision was taken by ICMR in respect of hiring of security services for ICMR Institutes/Headquarters and in furtherance of the policy decision an office order was issued by Deputy Director General (Admn.) on 22.02.2022; whereby keeping in view of the security threats and bio hazards, visit of foreign delegates and VVIP, the ICMR Headquarters/Institutes/Centres have been classified in two categories;

(i) High Priority Security Cover

(ii) Moderate Security Cover. BMHRC, Bhopal has been categorized as High Priority Security Cover and as per the office order for the premises of High Priority Security Cover, it is directed to engage the security agencies enlisted by the Director General of Resettlement (DGR) through GeM portal with 100% staff from Ex-service or Ex-paramilitary persons.

4. Office order dated 22.02.2022 was challenged by the appellants along with other petitioners in Writ Petition No.5943/2022 mainly on the ground that ICMR has erroneously assumed the threats and directed to engage the security agencies enlisted by DGR and the decision to mandatorily engage the services of security agencies with staff of Exservice or Ex-paramilitary persons is arbitrary, illegal and unjust, which would have cascading impact on appellants as they have been engaged as Security Guards from inception and they are performing their duties successfully without complaint. The order is also challenged on the ground that it is violative of Articles 14 and 21 of Constitution of India.

5. Learned Single Judge by the impugned order dated 10.12.2024 dismissed the petition by holding that the scope of judicial review of government policy is very limited and the Courts cannot act as an appellate authority to examine the correctness, suitability and appropriateness of a policy. It is further held that hiring of men power does not amount to capital expenditure and, therefore, the limit prescribed in Appendix-II to incur capital expenditure, is not relevant for the case in hand. It is also recorded by the learned Single Judge that no extra-financial burden is going to be caused on BMHRC for engaging Ex-servicemen or Exparamilitary personnel. The learned Single Judge dismissed the petition by holding that the impugned policy decision of ICMR does not suffer from any arbitrariness and it does not call for any indulgence.

6. Arguments heard for the purpose of final disposal of the present writ appeal.

7. Smt. Shobha Menon, learned Senior Advocate appearing on behalf of the appellants submits that ICMR had arbitrarily taken the decision to classify the Institutes/Headquarters/Centres in two categories and issued the order to engage 100% staff from Ex-servicemen or Ex-paramilitary personnel for High Priority Security Cover Centres and 60% Exservicemen or Ex-paramilitary persons in Moderate Security Cover with 40% trained civilian security staff. Appellants have tried to point out that BMHRC, Bhopal is having hospitals, hostels, ICCU Wards, Directors' office, residential bungalow, campus, 8 health centres situated at different locations except labs/bio labs and, therefore, even as per the rationale given by the ICMR for engaging the 100% Ex-servicemen or Exparamilitary personnel for High Priority Security Cover are not applicable to BMHRC and the appellants are competent to provide the security to BMHRC.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/86/WA_86_2025_FinalOrder_23-07-2025.pdf)

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