SRINAGAR: The Jammu and Kashmir High Court on Friday upheld the appointment of Principal GMC Srinagar after dismissing the petition filed by Dr Javed Choudhary challenging the appointment.
Justice Alok Aradhe, while dismissing the petition, observed that the GMC Principal has the prescribed qualification – a minimum 10 years teaching experience in a Medical College, out of which at least 5 years should be as a professor in a department.
In his petition, Dr Choudhary has sought that the court should quash the cabinet decision dated 28.4.2017 along with the government order dated 8.5.2017 that appointed the principal.
The petitioner also sought direction to consider the case of petitioner for promotion to the post of the medical college. He argued that he was the only eligible candidate. He also sought 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,” the court observed. “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 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 read further.