DB dismisses appeal challenging appointment of GMC Principal

Excelsior Correspondent

JAMMU, Aug 10: Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjay Kumar Gupta today dismissed LPA challenging the appointment of Dr Sunanda Raina as Principal of Government Medical College Jammu.
The LPA was filed by Dr Zahida Hussain Gillani challenging the Government order dated 13.03.2017 whereby he was relieved as Principal, Government Medical College Jammu and Dr Sunanda Raina, HoD of Anatomy was asked to look after the work of Principal, Medical College Jammu in addition to her duties.
Division Bench observed, “the appellant is a Professor and Head of the Department of Pharmacology in the Government Medical College Jammu. By virtue of Government Order No. 747-HME of 2015 dated 02.12.2015, he was ordered to temporarily look after the work of the Principal Medical College Jammu in addition to his own duties till the post was filled up on regular basis as per the Jammu & Kashmir Medical Education (Gazetted) Service Recruitment Rules”, adding “it needs to be highlighted that by this arrangement and by virtue of the same order, Prof Ganshyam Dev, Professor & HoD Radio-Diagnosis was relieved of his duties as Principal, Government Medical College, Jammu, which had been assigned to him temporarily”.
After hearing Advocate K Nirmal Kotwal for the appellant whereas Senior AAG HA Siddiqui appearing for the State and Advocates Abhinav Sharma and DS Chauhan appearing for the private respondent, DB further observed, “reasons behind discontinuing arrangement made by virtue of order dated 02.12.2015 are contained in the affidavit filed by the Deputy Secretary to Government, Health & Medical Education Department. The Government appears to have felt not satisfied with the working of the appellant and, therefore, appears to have issued the order dated 13.03.2017, whereby Dr. Sunanda Raina has been asked to look after the post of Principal, Government Medical College Jammu”.
“In the absence of there being any malafides alleged against any of the officers at the helm of affairs in the Government or the Minister Incharge, the reasons for removal of the appellant as a Principal cannot be doubted”, DB said.
With these observations, Division Bench dismissed the appeal.

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