Srinagar: The High Court of Jammu and Kashmir and Ladakh on Tuesday held that ‘Judicial review for examining the action of respondents is permissible’ after again directing respondents to submit all the records of the selection process for the post of Principal, SKIMS Medical College, Bemina before the court.
Justice Ali Mohammad Magrey while hearing the plea questioning the recruitment process carried out by respondents allegedly in violation of the rules recorded that mere asking for examination of the selection record by the court of law does not take away the powers of the respondents they enjoy under law.
“Judicial review for examining the action of the respondents is permissible. No orders yet have been passed, which has affected the decision of the respondents. It is not understandable as to how the directions are taken, however, without making any observation in this regard, the Court leaves it for the wisdom and consumption of the respondents,” Justice Magrey said.
The court pointed out that it is conscious of the requirement of the Principal in the Medical College, Srinagar, but the process is going on since January, 2021 and the court has only consumed six days.
“Further delay is on account of respondents because they have not submitted the records,” the court said.
“One more opportunity is granted to respondents to submit the selection records as directed along with a reply during the course of the week,” court directed.
Earlier, the court had said that it is conscious about the fact that it has limited scope in interfering with an ongoing selection process which has not yet culminated, but, in view of the contentions raised by the Petitioners qua violation of mandate of recruitment rules as well as terms and conditions of the Advertisement Notice on part of the Respondents, it has become necessary to call for the records of the selection for perusal and examination of the Court.
“In the above background, let notice, in the main petition as well as in the connected applications, be issued to the Respondents, returnable on or before the next date of hearing,” Justice Magrey had said.
“It is further provided that the selection process in question may go ahead, but shall not be finalized until further orders from the Court,” the court had ordered.
Earlier, Petitioners claimed to have applied for the post of Principal, SKIMS Medical College, Bemina, Srinagar, as put to advertisement in terms of Advertisement Notice No. 01 of 2021 dated 7th of January, 2021.
The grievance projected by the Petitioners was that the selection process for the aforesaid post is being carried on by the Respondents in violation of the recruitment rules governing the subject as well as against the mandate of Clauses (b) and (c) prescribed in the Advertisement Notice.
M Y Bhat, Counsel, representing the Petitioners, while elaborating the claim made in the Writ Petition, submitted before court that the selection Committee has not assessed the credentials of all the competing candidates on the basis of criteria and that, without such assessment, they have called all the nine competing candidates for interview instead of restricting the number of candidates to the ratio of 1:5.
It was further submitted that the selection Committee was supposed to prepare the panel of three candidates on the basis of merit to be assessed by it and, thereafter, place the same before the Chairman, Governing Body, SKIMS, in the order of merit for making selection against the post of Principal, but instead of doing so, they have prepared the panel, thereby resulting in violation of the mandate of recruitment rules government the subject as also terms and conditions of the Advertisement Notice.