GMC Principal Row: Choudary moves contempt petition, court seeks department response

GMC Principal Row: Choudary moves contempt petition, court seeks department response

SRINAGAR: The J&K High Court Tuesday sought response from Commissioner Secretary, Health & Medical Education Department (H&ME) after a contempt petition was moved stating that the court orders directing temporary arrangement for running affairs of Government Medical College (GMC) was not followed.
The court had on February 28 overturned appointment of principal GMC and directed state to make interim arrangement within four weeks.
Dr Javed Choudhary who had challenged the appointment of Dr Samia Rashid as Principal, GMC moved the contempt petition through his counsel SH Thakur after which the division bench of Justice Ali Mohammad Magrey and Justice Tashi Rabstan directed Commissioner Secretary, H&ME Department to submit an affidavit within one week explaining how and in what manner the judgment has been implemented.
The court directed that if the officer fails to file the affidavit, he shall appear personally before the court.
The court had overturned the appointment of Dr Samia Rashid as Principal, Government Medical College (GMC) through a government order dated April 28, 2017, contending that the said decision was bad in the eyes of law.
The court had noted that every authority, howsoever high it may be, is bound by the constitutional law.
“No authority is envisaged under the Constitution, which possesses the powers, the exercise whereof is not questionable in the court of law,” the court had observed.
Dr Javed Choudhary had challenged the appointment of Dr Samia Rashid as Principal, GMC on the ground that the cabinet had acted arbitrarily and in most perfunctory manner, picked up respondent no.6 (Dr Samia Rashid) and approved her for appointment as principal without following constitutional law.