Srinagar: The J&K High Court on Friday dismissed a plea of Sheri-Kashmir Institute of Medical sciences (SKIMS) for a review of the court’s order dated 15 January, 2021, wherein the court had directed that the selection of Principal, SKIMS Medical College/Hospital, Bemina, Srinagar, pursuant to advertisement notice no.01 of 2021 dated 7th of January, 2021, shall not be finalised.
The court said, “From a bare reading of the impugned order, it clearly transpires that the order is an ad-interim ex-parte order and subject to objections of the other side and is to remain in force only till the next date before the Bench.”
The court also recorded that the impugned order has only restrained the appellants from finalising the selection, meaning thereby the appellants are free to proceed with the selection process.
“Indisputably, the writ petitioners have called in question the selection process initiated by the appellants to supply the position of Principal of SKIMS Government Medical College, Bemina, on the ground that two eligibility conditions laid down in the advertisement notification are unconstitutional and ultra vires the Recruitment Rules governing such appointment in other Government Medical Colleges,” the bench observed.
Justice Vinod Chatterji Koul and Justice Sanjeev Kumar observed that It was sought to be projected by Shah Aamir, AAG, that with effect from 31st of January, 2021, when the present incumbent retires on superannuation, the SKIMS Medical College/Hospital, Bemina, would be rendered headless and, therefore, urgency in the matter has driven the appellants to the filing of instant appeal.
“The plea of Shah Aamir, at the first instance, appeared to us attractive but, on close scrutiny, we find that the present incumbent, who is retiring on superannuation, has been working in the institution in in-charge capacity for the last three years,” the bench said.
The court recorded that pending conclusion of the selection process, the appellants are well within their rights to go for similar arrangement and avoid the institution from being rendered headless.
The court while giving reference to Supreme Court directives in the case of Midnapore Peoples Coop. Bank Ltd. (supra) pointed out that the orders which may cause some inconvenience or some prejudice to a party but which do not finally determine the rights and obligations of the parties, are not judgments for the purposes of filing letters patent appeals.
“The impugned order being an order passed by the Writ Court to preserve the lis without determining, affecting or prejudicing, in any manner, any of the rights of the parties, is certainly not a judgment within the meaning of Clause 12 of the Letters Patent,” the court held.
In view of the aforesaid analysis and the observations made above, the preliminary objection of Counsel RA Jan appearing for the writ petitioners succeeds, the court said.
“The instant appeal under Clause 12 of the Letters Patent against the impugned order is held not maintainable and the same is, accordingly, dismissed,” the court held.
Meantime, the court said keeping in view the nature of controversy involved in the writ petition and the urgency pointed out by counsel for the appellants, it deems appropriate to prepone the date in the writ petition to 9th of February, 2021, with a request to the Writ Court to prioritise the consideration of the matter.

NUSRAT SIDIQ