HC raps H&ME dept for failing to implement its order on principal GMC
‘Explain why incumbent principal was not removed and interim arrangement made’
Srinagar, Apr 23: The J&K High Court on Tuesday asked the Commissioner Secretary Health and Medical Education Department (H&MED) to explain within a week as to why the government has failed to remove Dr Saima Rashid as Principal of Government Medical College (GMC) Srinagar, and make an interim arrangement for the post.
The High Court directed the officer to explain the situation through an affidavit or appear personally before the court.
The court directed the Commissioner “submit an affidavit within a week explaining as to how and in what manner the (February 2019) judgment has been implemented or appears personally before the court.”
Dr Javed Chowdhry, a claimant for the post of principal, had filed contempt petition against the authorities for violation of court judgment that cancelled the appointment of Dr Saima Rashid as Principal GMC and non-implementation of the direction for fresh arrangement for the post within four weeks.
He submitted through his lawyer that the government according to the judgment was obliged to make interim arrangement for the post within four weeks from the date of receipt of judgment and remove the incumbent principal as her appointment has been quashed by the court.
The court had on 28th of February 2018 held the Cabinet decision on appointment of Dr Samia Rashid as Principal of GMC “bad in the eyes of law”.
Dr Chowdhry had challenged the appointment of Dr Saima as principal but the writ court dismissed his plea in 2017.
He appealed against the decision and a division bench set aside the judgment of the single bench court and also the Cabinet decision no. 50/04/2017 dated 28th, April 2017.
It also quashed the government order no.252-HME of 2017 dated 8th May 2017, with a direction to the respondents to place the whole material, consisting of minutes of the decision of the Establishment-cum-Selection Committee for the post of principal before the State Administrative Council (SAC).
“Let the Cabinet/SAC take appropriate decision as may be warranted in light of the observations made by us herein above, within a period of four weeks from the date certified copy of this order becomes available to the respondents,” the judgment had said.
It said “the two-line decision, to appoint Dr Samia Rashid cannot be justified on any count, particularly when the Establishment-cum-Selection Committee, appointed by it, had on evaluation of whole record, recommended the appellant Dr Javed Chowdhry for appointment as principal, GMC, Srinagar.”
“The cabinet was constitutionally obliged to record its reasons for dissent with the recommendations of the Committee and for taking a decision independently on the basis of record placed before it,” it said.