The High Court today observed that it would seal the Government Medical College Srinagar office and handcuff the officials if the Government fails to make interim arrangement for the post of Principal GMC Srinagar.
The Division Bench of Justice Ali Mohammad Magrey and Justice Tashi Rabstan while dealing with a contempt petition filed by Dr Javed Chowdry for violating the Court judgment passed in the month of February castigated the authorities for not making the interim arrangement to the post of GMC Principal and permitting to continue the incumbent Dr Samia Rashid on the post when her appointment has already been quashed by the Court.
Court observed that it would close down the GMC office and get handcuffed the officials at the helm of affairs in case court is not informed about the compliance of judgment.
Division Bench at the very threshold of the hearing in the matter pointedly asked the Counsel appearing on behalf of H&ME department as to under what authority the present Principal is continuing on the post despite having her appointment quashed.
The counsel stated that the H&ME department has submitted the case to the General Administration Department in tune with the directions passed and the case is lying with the GAD.
However, nothing has been stated by the Principal Secretary H&ME as to under whose authority and orders the present incumbent is continuing on the post.
After these submissions made by the counsel for Health department, court asked Javed Iqbal (Sr. AAG) who represents the GAD to have the question answered from the Secretary GAD, as regard the process of implementation of the judgment for making regular appointment against the post in question, where the present incumbent is continuing without any authority as her appointment as such has been quashed by the court. He sought some time to submit the latest status on the issue. “In the given circumstances, the consideration of the matter is deferred till Friday the May 3. List on May 3 as case no. 1”, read the order.
The HC observed to the counsel appearing on behalf of Health Department that the judgment has been violated as no interim arrangement has been made till date.
The court on February 28 had quashed the appointment of Dr Samia Rashid as Principal GMC and directed the Government to take appropriate decision for appointment of suitable person on the post within four weeks time.
The Court had held the Cabinet decision as well as the appointment of Dr Samia Rashid as Principal GMC Srinagar bad in the eyes of law and accordingly quashed both. Since the appointment of present incumbent was quashed as such the court left it open for the Government to make in-charge or temporary arrangement for the post in question to run the day to day affairs of the office of the Principal, Government Medical College, Srinagar till decision is taken by the Cabinet/SAC on appointment of Principal on regular basis.
Dr. Javed Chowdhry had approached the court by way of a writ petition to challenge the appointment of Principal and the writ court dismissed his plea by passing the judgment on October 2017.
Dr Chowdhry challenged the said decision of writ court in an appeal which came to be allowed by the division bench by setting-aside the judgment of the Writ Court and Cabinet Decision no.50/04/2017 dated 28th April 2017 and Government Order no.252-HME of 2017 dated 8th May 2017, impugned in the writ petition, were quashed, with a direction to the respondents to place the whole material, consisting of minutes of the decision of the Establishment-cum-Selection Committee before the Cabinet/State Administrative Council (SAC), as the case may be, for its reconsideration.
