Excelsior Correspondent
JAMMU, Aug 7: Central Administrative Tribunal, Jammu Bench comprising Rajinder Dogra (Member Judicial) and Ram Mohan Johri (Member Administrative) has directed the Health & Medical Education Department to allow the applicant to continue as Registrar in Govt Medical College, Doda, under academic arrangement strictly in accordance with Rule 4 of SRO 364 of 2020 dated 27.11.2020 up to a maximum period of six years.
The Health & Medical Education Department in exercise of the powers conferred by Section 124 of the then Constitution of Jammu & Kashmir, framed the Jammu & Kashmir Medical & Dental Education (Appointment On Academic Arrangement Basis) Rules, 2009 providing for appointment of Registrar / Demonstrator / Tutor on academic arrangement basis initially for a period of one year extendable up to maximum of four years (One Year at a time and subject to good performance and conduct) or till selection / promotion is made in accordance with the rules of recruitment governing the respective posts, whichever is earlier.
However, Vide SRO 364 of 2020 dated 27th November, 2020 the tenure of appointment was made extendable on yearly basis up to maximum of six years, instead of four years, as provided in J&K Medical & Dental Education (Appointment On Academic Arrangement Basis) Rules, 2009.
The applicant Dr Altoofa Zargar, having undergone the process of selection Vide Advertisement Notification No GMCD/Adm./191/224-31 dated 20-04-2022 issued by the Principal, Government Medical College, Doda, came to be engaged as Registrar in the discipline of Dentistry, in Government Medical College, Doda, for a period of one year extendable up to three years, instead of six years as provided in terms of SRO 364 of 2020 dated 27th November, 2020.
When the tenure of appointment of Dr Altoofa Zargar, was sought to be cut short and brought to an end arbitrarily, at the whim and caprice of the authorities, before the expiry of period of tenure as prescribed under Rules of 2020 (SRO 364 of 2020), she approached the Central Administrative Tribunal, Jammu Bench, Jammu, through Advocate Dinesh Singh Chauhan
The CAT, while allowing the OA held that “executive instructions cannot override the J&K Medical & Dental Education (Appointment On Academic Arrangement Basis) Rules, 2020 framed Vide SRO 364 of 2020 dated 27.11.2020 under proviso to Article 309 of Constitution of India as they are equated with the act of legislature. The respondents’ reliance on outdated executive orders to curtail tenure fixed under statutory rules is unsustainable”.
The CAT further observed, “it is not only strange, but completely absurd that instrumentality of the State is trying to nullify the Constitutional Rules by making reference and relying upon the executive instructions issued by the Principal Secretary, Health & Medical Education Department, which fact, stands repealed with coming into force of the Rules of 2020 (SO 364 of 2020)”.
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