‘Unjustifiable for ineligible person to continue’
Fayaz Bukhari
SRINAGAR, July 31: The Central Administrative Tribunal (CAT) today directed immediate removal of Director Coordination New Government Medical Colleges (GMCs), Dr. Mushtaq Ahmad Rather from the post of Director Family Welfare, MCH and Immunization Jammu and Kashmir.
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The Tribunal in its order (dated 31-07-2025) described Dr. Rather as ineligible person and directed that additional charge of Director Family Welfare, MCH and Immunization should be taken from him.
“Accordingly, the respondents are directed to take charge from the said ineligible person with immediate effect,” the CAT order read.
The Tribunal further directed that if Dr. Poonam Sethi is fully eligible and senior most she should be appointed as Director FWMCH&I.
“Thereafter, if the petitioner is found to be fully eligible and the senior-most candidate, he (she) shall be appointed to the post before the next date of hearing,” it further read.
The CAT passed the order while hearing contempt petition C.P./252/2025 arising from O.A./73/2025, filed by Dr. Poonam Sethi against Commissioner Secretary Health and Medical Education Department Dr. Syed Abid Rasheed Shah.
In its earlier order in March this year, the Tribunal had quashed the Government’s appointment order dated December 23, 2024, under which Dr. Mushtaq Ahmad Rather was given the charge of Director, Family Welfare, despite not being eligible under the rules.
The Tribunal had categorically directed that the charge be assigned to the senior-most eligible officer from the Jammu and Kashmir Health and Family Welfare (Gazetted) Service, and also instructed the authorities to consider the case of Dr. Sethi.
The CAT observed that Dr. Rather continues to occupy the post without requisite eligibility, which it found untenable.
“It has now been four months since the order was passed, and the contemnors have neither approached the High Court for a stay nor complied with the said order. This Court is, therefore, of the opinion that it is unjustifiable for an ineligible person to continue holding the post in question till date,” it said.
It may be mentioned here that Dr Rather and Director Health Services Kashmir (DHSK), Dr Jehangir Bakshi, are holding additional charges of FWMCH&I and Project Director AIDS Control Society J&K respectively, blocking the career prospects of the other doctors.
Dr Rather is from the Medical Education Department and is not eligible for the Director Family Welfare post as per services rules. Earlier, he served as Director Health Services Kashmir for over three years for which he was also not eligible.
Also, majority of the administrative positions in the Health Department in Kashmir are being held by juniors and blue eyed. The Health and Medical Education Department promoted 33 juniors to higher administrative positions last month throwing its own seniority list to the winds.
Dr Nighat Yasmeen Sheikh who was made In-Charge Deputy Director (headquarters) in the last month’s order was given three promotions in last 8 months and Dr Saba Wani who was posted In-Charge Deputy Director (Schemes) was given two promotions in last six months.
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