HC directs for appointment of GMC Principal on seniority

Excelsior Correspondent
SRINAGAR, Jan 1: Jammu and Kashmir High Court directed the Government to fill up the post of Principal Government Medical College (GMC), Srinagar on regular basis and stayed the temporary appointment of Dr Kaisar Ahmad as GMC Principal beyond four weeks.
The direction was passed in a petition filed by Dr. Javaid Chowdhry, who is the senior most in the faculty after Dr. Rafiq Ahmad Pampori resigned from the post of Principal last month. He has prayed before the court that he should have been considered for the post of Principal GMC, Srinagar.
Aggrieved of the Government order (dated 19.12.2015 whereby Dr. Kaisar Ahmad has been given the charge of Principal on temporary basis), Dr. Chowdhry challenged it before the court on the ground that Dr. Kaisar is junior to him in seniority list of Professors.
Justice Kotwal after hearing the counsel for Dr. Chowdhry as well as counsel representing Government and counsel representing Dr. Kaisar said the Government order (dated 19.12.2015) is simply a temporary arrangement mentioning that it shall not create any right, interest or equity in favour of Dr. Kaisar.
“Respondents (competent authority) shall accord consideration to filling up, the post of the Principal GMC, Srinagar within a period of four weeks hereafter 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 shall stay”, Justice Kotwal directed.
Court also made it clear that in case after four weeks the regular appointment is not made then the fresh temporary arrangement should be made in which seniority shall prevail.
According to the documents placed with the writ petition by Dr. Chowdhry about the seniority position, petitioner Chowdhry figures at Serial No. 2 while as Dr. Kaisar holds the position at serial No. 3 and at serial No 1 Dr Pampori is holding the position, who resigned from the post recently.

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