HC questions continuation of incumbent GMC principal GMC
Srinagar, Apr 30: The J&K High Court Tuesday questioned the government as to how Dr. Samia Rashid is continuing as Principal, Government Medical College (GMC) Srinagar, despite her appointment having been quashed by the court in its judgment of February 2019.
The High Court had on February 28 this year overturned the appointment of Dr. Samia Rashid as Principal GMC made through a coalition government cabinet order dated April 28, 2017.
“The cabinet decision was bad in the eyes of law,” the court had said while allowing an appeal by an aggrieved candidate.
Commenting on today’s affidavit filed by the government on the issue, the court said “nothing has been stated by the Principal Secretary to the Government, Health and Medical Education Department as to under whose authority/orders the present incumbent principal, whose appointment was quashed, is continuing”.
Shah Aamir, the additional advocate general was pointedly asked by the division bench of the court “under which authority the present principal is continuing”?
The lawyer submitted that the Principal Secretary to the Government, Health and Medical Education Department, has submitted the case to the General Administration Department (GAD) in tune with the directions passed by the court.
The matter is lying with the GAD, he said.
The bench asked Javed Iqbal, the lawyer representing GAD, to have the question answered from the Chief Secretary of the state or the Commissioner Secretary GAD, observing “the incumbent principal GMC Srinagar is continuing without any authority as her appointment has been quashed by the court.”
“In the given circumstances, the consideration of the matter is deferred till Friday the 3rd May, 2019,” directed the court.
The court besides cancelling the appointment of Dr. Samia Rashid as Principal GMC in February had also directed the government to make temporary arrangement to run the day-to-day affairs of the college till a decision on the proper appointment is made.
The Establishment-cum-Selection Committee constituted by the government had on the basis of merit placed the incumbent principal at rank six for the appointment of the post.
However, the coalition government cabinet ordered her appointment by superseding the meritorious and senior claimants to the post.
The court had noted that every authority, howsoever high it may be, is bound by the Constitutional law.