Excelsior Correspondent
SRINAGAR, Feb 10: Jammu and Kashmir High Court today observed that the post of the Principal Government Medical College Srinagar is a seniority post and rejected the argument of counsel for the present GMC Principal, Dr Kaiser Ahmad Koul, that it is a selection post.
The Court has directed the State Government to come up with clear stand about filling the post of Principal Government Medical College, Srinagar by next week.
The observation of the Division Bench of Justice MH Attar and Justice B S Walia about the GMC Principal being a seniority post has strengthened the claim of Dr Javed Chowdhry for the post of Principal GMC as he is ahead of present Principal Dr Kaiser in seniority list.
The court made this observation and passed the direction asking Government to clear its stand on appoint of GMC Principal while hearing an appeal filed by the GMC Principal Dr Kaiser Ahmad Koul challenging the order of writ court in which Government was asked to make appointment of GMC Principal on regular basis or make fresh temporary arrangement in four weeks.
The writ court in December last year had made the position of Dr Koul as GMC Principal, conditional and had directed the Government to fill up the post of Principal GMC on regular basis or make fresh temporary arrangement for GMC Principal within a period of four weeks.
Counsel representing Dr Koul submitted before the Division Bench that the post of Principal is a selection post but court did the convince with this submission of the counsel and in turn said it is a seniority post.
On the other hand counsel representing Dr Javed Chowdhry who is claimant for the GMC Principal, submitted that despite the writ court direction appellant Dr Koul is still holding the post when the writ court had made it clear in its order that in case the post is not filled up on regular basis then present incumbent shall not hold the post of Principal.
Division Bench expressed its displeasure over violation of court order and observed to State Counsel that “you are in contempt”. “We will issue contempt notice against you and you are creating such kind of problems”, the DB said and asked him to seek instruction from Government about the filling of the Principal post.
Dr Chowdhry has challenged the Government order (dated 19.12.2015) whereby Dr. Kaiser Ahmad Koul has been given the charge of Principal on temporary basis.
Dr. Kaisar has been appointed as Principal of the College on temporary basis vide Government order No. 814-HME of 2015 dated 19.12.2015 after the resignation of Dr. Rafiq Ahmad Pampori.
“Respondents (component authority) shall accord consideration to filling up, the post of the Principal GMC, Srinagar within a period of four weeks on regular basis having regard to the rule position” putting with a rider “in case that is not done for any reason, whatsoever, the impugned order (appointment of Dr Kaiser as Principal) shall stay”, writ court had directed.
According to the documents placed with the writ petition by Dr. Chowdhry about the seniority position he figures at Serial No. 2 while as Dr. Kaiser figures at serial No. 3 and at serial No. 1 Dr. Pampori is holding the position who resigned from the post recently.
Writ Court had also made it clear that in case after four weeks the regular appointment has not been made then it shall be open for the respondents (competent authority) to make the fresh temporary arrangement in which seniority shall prevail.
But till date neither the regular appointment for the GMC Principal has been made nor has fresh temporary arrangement according to seniority been done by the Government which prima facie suggests that writ court order has been grossly violated by the competent authority.
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