HC dismiss Dr. Javed Choudhary’s petition challenging appointment of Principal GMC Srinagar

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By Fast Kashmir on 27/10/2017.

HC dismiss Dr. Javed Choudhary’s petition challenging appointment of Principal GMC Srinagar

 

Present GMC principal possesses the prescribed qualification

Srinagar, Oct 27: Dismissing the petition of a senior doctor over appointment of Principal Govt Medical College Srinagar, High Court Friday observed that the present GMC principal possesses the prescribed qualification.
Justice Alok Aradhe dismissed the petition filed by Dr. Javed Choudhary challenging the appointment of Principal Govt Medical College Srinagar and observed that the present GMC principal possesses the prescribed qualification with minimum 10 years teaching experience as Professor or Associate Professor in a Medical College out of which at least 5 years should be at least as Professor in Department, is required.
In his petition, Dr. Javed Choudhary was seeking quashment of cabinet decision dated 28.4.2017 along with Government order dated 8.5.2017, by which respondent no.6 has been appointed as Principal of Government Medical College, Srinagar.
The petitioner also sought direction to respondents to consider the case of petitioner for promotion against the post of Principal Government Medical College, Srinagar being the only eligible candidate and a direction to respondents to produce the records pertaining to the impugned selection.
“The main submission on behalf of the petitioner is that his name alone was recommended for appointment by the Selection-cum-Establishment Committee and therefore, he alone should have been appointed and the respondent no.6 cannot be appointed as the same is in violation of the J&K Government Business Rules. No provision has been brought to the notice of the Court which provides that if a decision is taken by the Cabinet in violation of the recommendations contained in the memorandum placed before it, it provides for any consequences. In other words, the procedure prescribed in Part-II of the Government Business Rules is directory in nature. The State Cabinet is the creator of selection committee and it can scrutinize the recommendations and can either accept or reject the recommendations and from the perusal it is evident that the Cabinet did not accord to the recommendations of the Committee and returned the case for submission of service record of all eligible candidates,” the court observed..
“The service records of all the eligible candidates were again considered by the Cabinet on 28.4.2017 and appointment of respondent no.6 on the post in question was approved. The petitioner has no legally enforceable right to seek appointment on the post in question merely on the basis of recommendation made by the selection committee which is not statutory in nature. It is also pertinent to mention here that the petitioner has not alleged mala fides against any person,” it said.
“The decision to appoint respondent no.6 is taken by the Cabinet, which in the absence of any mala fides or arbitrariness does not call for any interference. With these observations Justice Alok Aradhe dismissed the petition,” the court said. (KNS)

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