Mohinder Verma
JAMMU, Apr 23: State High Court today directed the Government to strictly follow the laid down procedure and the Medical Council of India (MCI) guidelines while making selection of new Principal of the Government Medical College, Jammu in place of present incumbent, who is superannuating on April 30, 2013. The High Court has also made it clear to the Government that even during the interim arrangement seniority and other aspects prescribed by rules should be strictly followed.
The directions were passed by Justice Mohd Yaqoob Mir in the Civil Miscellaneous Petition (CMP) filed by Dr Shashi Gupta, who is the senior most faculty member and is entitled to become next Principal of the Government Medical College following the superannuation of present Principal Dr Aniece Choudhary on April 30, 3013.
After hearing Advocate W S Nargal, counsel for Dr Shashi Gupta, Justice Mohd Yaqoob Mir issued notice to the State through Chief Secretary, Establishment-cum-Selection Committee through its Chairman (Chief Secretary), Commissioner Secretary, General Administration Department, Secretary, Health and Medical Education Department and Dr Ghanshayam Dev, Professor and Head of Department of Radio Diagnosis and Imaging, for filing objections, if any, within two weeks. Deputy Advocate General, Neeru Goswami accepted notice for the State.
“The recommendation for selection of new Principal should strictly abide by SRO-517, procedure envisaged in terms of Government Order No.1488-GAD of 20-11 and the Medical Council of India (MCI) guidelines”, Justice Mohd Yaqoob Mir said, adding “till such selection process is finalized, if need arises for making any interim arrangement, seniority and other aspects prescribed by rules should be strictly followed”.
In the CMP, Dr Shashi Gupta has submitted that following the retirement of Dr Aniece Choudhary on April 30, 2013, she being most eligible, suitable and senior most, has preferential right of being considered/appointed for the post of Principal GMC Jammu.
“The decision of the Establishment-cum-Selection Committee of the Health and Medical Education Department dated November 27, 2012 recommending the name of Dr Ghanshayam Dev, Professor and Head of Department of Radio Diagnosis and Imaging for the post of Principal Government Medical College Jammu is contrary to the recruitment rules and the procedure as envisaged vide Government Order No.1488 GAD of 2011 coupled with Medical Council of India guidelines”, she further submitted, adding “in case the decision of the Establishment-cum-Selection Committee is given effect to, serious prejudice will be caused to her”.
Dr Shashi Gupta has also submitted that it would be imperative to formally authorize next senior most faculty member in GMC Jammu (petitioner) to look after the duties of Principal as has been done in the past by the official respondent so that day to day functioning of the college may not suffer.
Drawing the attention of the High Court towards declining of information in response to her RTI application regarding minutes of meeting of the Establishment-cum-Selection Committee, the petitioner said, “this clearly proves beyond any shadow of doubt that the respondents are hell bent to shower undue benefit on Dr Ghanshayam Dev, who is junior to me and figuring at Serial No.3 in the panel”.
Advocate Nargal submitted before the High Court that petitioner presently working as HoD of Obstetrics and Gynae has unblemished service record and figures at Serial No. 2 in the order of merit in the panel which has been referred to Establishment-cum-Selection Committee and she has vested right of being considered for selection/appointment for the post in view of her experience, merit and suitability in terms of J&K Medical Education (Gazetted) Service Recruitment Rules, 1979 as envisaged vide SRO-517 coupled with the procedure laid down vide Government Order No.1488 GAD of 2011 and in consonance with MCI guidelines wherein preference has to be given to the HoD.
While drawing the attention of the court towards the Supreme Court judgments, Advocate Nargal said, “the law has been settled at naught by the Apex Court in various authoritative pronouncements that mere recommendation of Selection Committee doesn’t accrue any right to the selected candidate for appointment”.
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