Excelsior Correspondent
Srinagar, Feb 5: The High Court has dismissed the appeal of Sher-i-Kashmir Institute of Medical Sciences (SKIMS) with regard to appointment of Principal Medical College SKIMS and restrained it from making such kind of appointment till the writ court decides the matter.
The Division Bench of Justice Sanjeev Kumar and Justice Vinod Chatterji Koul dismissed the appeal of SKIMS by observing that the same is not maintainable.
By way of instant of appeal SKIMS had challenged the order of single judge whereby SKIMS authorities were directed not to finalize the selection of Principal, SKIMS Medical College pursuant to the notification issued in this regard.
The notification for appointment of post in question was issued on January 7, 2021 as the In-charge Principal of the College was going to retire on January 31, 2021. The said notification came to be challenged by various senior doctors before the court and as on interim relief, court directed for not finalizing the said selection.
SKIMS challenged the restraint order on the ground that the same has been passed in ex-parte and entails serious consequences on the functioning of administration.
The counsel appearing for aggrieved doctors of the Hospital has raised preliminary objection to the maintainability of the appeal and argued that the said appeal filed by SKIMS is not maintainable under clause 12 of the LPA rules.
“Every interlocutory order passed in the proceedings cannot be regarded as judgment but only those order would be judgments which decide the matters of moment or effect vital and valuable rights of the parties which cause serious injustice to the party concerned”, the DB has drawn a conclusion.
From the said conclusion, the DB said the order under challenge transpires the same is an interim ex-parte order and subject to objections of the other side and is to remain in force only till next date before the bench.
Court further said, that the impugned order has only restrained the appellants from finalizing the selection, meaning thereby the appellants are free to proceed with the selection process.
The aggrieved doctors have challenged the selection process as initiated by SKIMS for appointment of Principal on the ground that two eligibility conditions laid down in the advertisement notice are unconstitutional and against the Recruitment Rules governing such appointment.
The DB said the restraint order passed by the single judge with a view to preserve the petition of the aggrieved persons and do not in any manner, determine or affect the rights of the parties as such SKIMS authorities cannot contend the impugned order has visited them with serious adverse consequences.
Pending decision of the selection process, the court said the authorities are well within their rights to go for Incharge arrangement for the said post as was earlier done by them in order to avoid from rendering the institution headless.
The DB in view of the urgency as expressed by the SKIMS counsel, preponed the date of hearing fixed before the Single Judge with a request it to prioritize the consideration of the matter.
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