Jammu, Nov 11: Jammu and Kashmir High Court today quashed appointment of Dr Romesh Singh as Incharge Principal Indira Gandhi Government Dental College Jammu.
 The decision was taken by Justice Hasnain Massodi in a writ petition filed by one of the faculty member of Dental College Jammu, Dr Parveen Lone.
 The court, while allowing the writ petition, observed that In the present case, though the petitioner is not eligible for the post of Principal, Indira Gandhi Government Dental College, Jammu, yet she as a faculty member of the College and as a tax payer, has a legitimate and valid interest to see that no one holds a public office or is appointed to public office in violation of constitutional provisions, provisions of an Act or the statutory / Recruitment Rules.
 Though the petitioner would not be entitled to maintain a petition for a writ of certiorari but her petition for a writ of quo warranto cannot be thrown out on the ground that she is not herself eligible for the post held by respondent no.2 and cannot maintain a petition throwing challenge to the appointment of respondent no.2, the court observed further.
 It held that there is merit in challenge to the Government Order No. 368-HME of 2011 dated July 22, 2011, whereby the respondent no.2 has been asked to temporary hold the office of Principal, Indira Gandhi Government Dental College, Jammu.
 “The petition is allowed and the Order No. 368-HME of 2011 dated 22nd July, 2011 as also the Communication No. IGGDCJ/Estt/GD/917-25 dated 22.07.2011 are set aside”, the court held adding that Principal, Dental College, Srinagar shall continue to hold the additional charge of Principal, Indira Gandhi Government Dental College, Jammu till the post is substantively filled up in accordance with rules or ad-hoc/stop-gap temporary charge of the post is given to a person having qualification and experience prescribed for the post of Principal under J&K Dental Education (Dental College) Gazetted Services Recruitment Rules, 1993.
 The petitioner had challenged the mode by way of which the government wanted to “absorbe” Dr Romesh in Jammu and Kashmir Education (Dental College) Gazetted Service Recruitment Rules, 1993.

Lastupdate on : Fri, 11 Nov 2011 21:30:00 Makkah time
Lastupdate on : Fri, 11 Nov 2011 18:30:00 GMT
Lastupdate on : Sat, 12 Nov 2011 00:00:00 IST