Excelsior Correspondent
SRINAGAR, Aug 31: High Court today dismissed the plea of two doctors challenging the process of selection of Principal SKIMS Medical College Bemina Srinagar by recording that no violation with regard to recruitment rules has been done by the authorities in the ongoing selection process.
Justice Ali Mohammad Magrey has dismissed the plea of two doctors challenging the advertisement notice and subsequent selection process to the post of Principal, SKIMS, Medical College and Hospital, Bemina.
Justice Magrey on the strength of the pleadings of the parties, coupled with the reference of the rules and the law made on the subject by the parties, said the court is of the considered opinion that, at this stage, none of the fundamental, legal or constitutional rights of the petitioner-doctors stand violated by any action or inaction on the part of the respondents, which would have formed a ground for the court to show indulgence in the instant case.
“The respondents are on record to make it clear that due adherence is made to the mandate of the recruitment rules in the entire process of selection, which are the primary and basic source for making selection against the post of Principal, SKIMS Medical College & Hospital, Bemina”, HC said.
Authorities have also produced the relevant records pertaining to the selection of the post as was directed by the court which, on perusal, too, substantiate the stand taken by the respondents that they are strictly following the mandate of the rules governing the field while taking the process of selection to its logical conclusion.
“There is hardly any scope left for the court to go deep into the matter while exercising jurisdiction under Article 226 of the Constitution. In that view of the matter and without making any further observations or recording any finding at this stage, which may otherwise prejudice the cause of either of the parties on culmination of the process of Selection, the Court is unable to accept the contentions of the petitioners qua violation of the mandate of the relevant recruitment rules on the part of the Respondents in the ongoing process of selection against the post of Principal, SKIMS, Medical College & Hospital, Bemina”, Justice Magrey concluded.
Court said the case law cited by the Senior Counsel representing the petitioners for advancing their case has its genesis to different set of facts and circumstances, as such, same is not applicable to the case of the present Petitioners.
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