Excelsior Correspondent
Srinagar, Mar 16: The High Court held that no person appointed on academic arrangement in the medical education department is entitled to continue beyond a maximum period of three years.
The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar has allowed the five pleas filed by the Government through Commissioner Secretary to Health & Medical Education Department challenging the verdict of Central Administrative Tribunal whereby the Government was directed to allow the five academic arrangement Doctors to continue on their posts.
The Division Bench set aside the judgment of the Tribunal and dismissed all the five pleas of aggrieved doctors who had approached the CAT seeking continuation on their tenure posts viz Registrar, Tutor and Demonstrator.
The short grievance before the CAT was that, in terms of Rule 4 of the Academic Arrangement Rules of 2020, all of them were entitled to function on their respective posts/positions upto a period of six years
“Viewed thus, we find merit in these petitions. Consequently, the petitions are allowed holding that no person appointed against the post of Registrar/Tutor/ Demonstrator either in the medical education or dental education shall be entitled to continue beyond a maximum period of three years”, The bench concluded.
The court said that not with that notwithstanding that the posts are required to be filled up through a regular selection process to be conducted by the PSC, the appointment on academic arrangement shall be made by following the selection procedure prescribed under the Academic Arrangement Rules of 2020.
“Overriding effect is, therefore, limited to the extent of method of recruitment. The Academic Arrangement Rules of 2020, in particular Rule 4 thereof, cannot be construed to mean that it has the effect of even extending the tenure of a post beyond the one fixed by the Government under the statutory recruitment rules made for making regular selection and appointment to the Gazetted services in the Medical/Dental Education”, the court added.
Not in consensus with the verdict of Tribunal where by the Tribunal wherein the Tribunal observed that Government Orders prescribing tenure of three years for the post of Registrar, Tutor, Demonstrator is an executive instructions simpliciter and, therefore, cannot override the statutory rules. The DB said that the Government Order of 2010 fixing the tenure of the post of Registrar/ Tutor/ Demonstrator is not merely an executive instruction but is an order issued in exercise of delegated powers conferred upon the Government by the Rules of 1993, which, in any case, are statutory rules. “The appointment as Registrar/Tutor shall be for a specified period as prescribed in the Statutory Rules i.e. the Rules of 1993. The Government Order only specifies the period”, the court clarified.
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