HC slams Govt for ignoring its directions on GMC

Cornered authorities produce officiating Principal’s appointment order in court within hours
HC slams Govt for ignoring its directions on GMC
File Photo of Jammu and Kashmir High Court

The High Court on Friday directed the government to implement within two weeks its judgment to appoint Principal Medical College Srinagar on regular basis even as it asked Dr Samia Rashid to explain how she was discharging her duty as Principal since March this year.

A bench of Justice Ali Muhammad Magrey andJustice TashiRabstan issued the directions while hearing a contempt plea byDrJaveedChowdhary.

During its pre-lunch session when the mattercame up for hearing, the court expressed its dismay over what it said a"dilatory approach" by the government to implement its directions.

"The dilatoryapproach exhibited by the authorities with regard to court directions cannot betolerated," the bench said. 

The court directed Chief Secretary andPrincipal Secretary Health and Medical Education to ensure implementation ofthe judgment on appointing Principal GMC Srinagar within two weeks.

The court alsodirected Samia Rashid to stop functioning as Principal GMC Srinagar from Fridayand asked its Registrar Judicial to ensure implementation of the order by 4 pmon Friday itself, seeking compliance report.

The court alsodirected the Registrar Judicial to associate the Inspector General of Police tofacilitate compliance in the event any difficulty was faced.

As the matter came up for hearing again at 4pm, senior additional advocate general Javed Iqbal representing GAD and state'sadditional advocate general Shah Aamir on behalf of health and medicaleducation department produced an order asking DrKaisar Ahmed, HOD PaediatricsGMC Srinagar, to take over as officiating Principal till further orders. Theorder was issued by Principal Secretary Health and Medical Education.

Following the development, the courtdirected the Chief Secretary and Principal Secretary Health and MedicalEducation department to file statement of facts and compliance with regard toimplementation of judgment for filling up the post of Principal GMC Srinagar onregular basis.

The Court said since it has deferred framingof Rule against Principal GMC Samia Rashid, it asked her to explain within twoweeks as to how and under what authority she was continuing as Principal GMCSrinagar when her appointment was quashed by the court.

On March 14, the High Court had quashed the2017 appointment of DrSamia Rashid as principal of the government medicalcollege Srinagar, and had directed authorities concerned to place relevantrecords regarding the decision before the State Administrative Council.

Allowing an appeal by DrJavidChowdharyagainst a single-bench decision, a division bench of the court had set asidethe judgment (of the single bench) dated 27 October 2017.

The bench had also quashed the cabinetdecision number 50/04/2017 dated 28 April 2017 and government order number252-HME of 2017 dated 8 May 2017.

Chowdhary's petition against both the orderswas dismissed by the single bench.

The court had ordered for placing the wholematerial, consisting of minutes of the decision of theestablishment-cum-selection committee before the cabinet or the SAC, as the casemay be, for its reconsideration.

DrChowdhary had challenged the appointmentof Dr Rashid as principal GMC Srinagar on the ground that he was thesenior-most candidate and that the recommendations made by theestablishment-cum-selection committee were violated.

On April 30, the court had asked state'sadditional advocate general Shah Aamir to inform it by May 3 as to under whoseauthority  DrSamia was continuing asPrincipal GMC Srinagar. In response to the query, Aamir told the court that thePrincipal Secretary Health and Medical Education has submitted the case toGeneral Administration Department.

The court had subsequently asked state'ssenior additional advocate general Javed Iqbal to inform it about the processof the interim arrangement.

The court listed the case for furtherconsideration on May 17.

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