In a case pertaining to selection of a professor in the surgical oncology department at the SKIMS, the High Court has quashed all advertisement notices for the post barring the first notice, and asked the institute to go ahead with selection process.
“This petition is therefore disposed of quashing the advertisement notice No 4 of 2015, advertisement notice No 06 of 2016 and advertisement notice No 5 of 2016 issued by SKIMS for the post of professor surgical oncology, leaving the institute free to proceed ahead with the process of filing up of the post by a suitable candidate possessing the prescribed qualifications required for the posts in accordance with the relevant rules,” said the judgment while disposing of the petition.
Former faculty member surgical oncology Dr Altaf Gauhar Haji had approached the court in 2013, a year after the posts of professor in the department was advertised, and challenged the eligibility of Dr Sameer H Naqash, who had been selected by institute’s apical selection committee. The result of his selection was required to be produced before the court in a sealed envelope.
The court stayed the selection process. At the same time, the institute issued fresh advertisement notification for filling up the post, prompting Dr Naqash to approach the court.
The court eventually clubbed the two petitions and asked the SKIMS authorities to produce the recommendations of apical selection committee before the court in the sealed envelope.
The envelope was, however, tampered with at the behest of former director SKIMS DR AG Ahangar, as per the report of an inquiry committee which was constituted by the incumbent director on the basis of allegations by Dr Naqash.
The counsel for Dr Naqash had requested the court that he would move an application before the court, seeking an inquiry into the matter after it was found that the sealed envelope had been tampered with.
Delivering the judgment, the court has said it was wholly unnecessary and unwarranted for the respondents (SKIMS) to have issued fresh advertisement notices for the post.
“These notifications therefore to that extent cannot withstand the scrutiny of law. There remains no impediment with the respondents (SKIMS) to proceed ahead with the process of filling up the post,” said the court.