The High Court on Tuesday directed the government to inform it by April 3 as to how Dr Samia Rashid continues to discharge her duty as Principal Government Medical College Srinagar when her appointment was quashed by the court.
The court also sought to know about the implementation ofits judgment to place relevant records before the Governor headed stateadministrative council to take decision in the matter.
A bench of Justice Ali Muhammad Magrey and Justice TashiRabstan sought the details while hearing a contempt plea by Dr JaveedChowdhary. On March 14 this year the Court had quashed Dr Samia’s appointmentafter accepting Dr Chowdhary’s plea.
As the matter came up for hearing today, the Court askedstate’s additional advocate general Shah Aamir as to under whose authority DrSamia was continuing as the Principal. In response to the query, Aamir told thecourt that the Principal Secretary Health and Medical Education has submittedthe case to General Administration Department.
In the compliance report filed in court, the PrincipalSecretary Health and Medical Education Department has stated that therespondents are in the process of implementation of the judgment. The court,however, observed that in the report the officer has stated nothing as to underwhich order the incumbent Principal was continuing.
Meanwhile, the Court asked state’s senior additionaladvocate general, Javed Iqbal to inform it on behalf of the CommissionerSecretary GAD about the process of implementation of the judgment for makingregular appointment against the post of Principal GMC Srinagar where theincumbent is continuing without any Authority.
The court deferred the matter till May 3 after Javed soughttime to furnish the details.
On March 14, the High Court had quashed the 2017 appointmentof Dr Samia Rashid as the Principal, and had directed concerned authorities toplace relevant records regarding the decision before the State AdministrativeCouncil.
Allowing an appeal by Dr Chowdhary against a single-benchdecision, a division bench of the court had set aside the judgment (of thesingle bench) dated 27 October 2017.
The bench had also quashed the cabinet decision number50/04/2017 dated 28 April 2017 and government order number 252-HME of 2017dated 8 May 2017.
Dr Chowdhary’s petition against both the orders wasdismissed by the single bench.
The court had ordered for placing the whole material,consisting of minutes of the decision of the establishment-cum-selectioncommittee before the cabinet or the SAC, as the case may be, for itsreconsideration.
Dr Chowdhary had challenged the appointment of Dr Rashid asprincipal GMC Srinagar on the ground that he was the senior-most candidate andthat the recommendations made by the establishment-cum-selection committee wereviolated.