HC seeks record on selection of Principal SKIMS Medical College Bemina

HC seeks record on selection of Principal SKIMS Medical College Bemina
File photo of J&K High CourtMubashir Khan/ GK File

Srinagar: The High Court has granted one more opportunity to the government for producing records pertaining to the selection process for the post of Principal, SKIMS Medical College, Bemina.

Disapproving of the “record” produced before it, a bench of Justice Ali Muhammad Magrey asked the government to submit the selection record as directed along with reply during the course of the current week.

“The court is conscious of the requirement of the principal in the medical college but the process is going on since January 2021 and the court has only consumed six days. Further delay is on account of respondents because they have not submitted the records,” the court said.

On August 17, the court had sought the records relating to the selection process while issuing notice for response on a petition by Prof Abdul Wahid Khan and another.

After opening an envelope that AAG Shah Aamir produced as a record, the court said it contained an advertisement notice and copy of a list of 12 candidates.

“It appears that the respondents have not registered the context of the order in the backdrop of direction to submit the relevant selection record,” the court said.

When the court asked the AAG about it, he submitted that these government orders along with a list of candidates had been supplied to him by the Additional Director, SKIMS, Srinagar.

“The selection record is with the selection committee headed by the chief secretary,” he said.

The court observed that the three authorities who were directed to submit the records included the chief secretary which they did not do.

“Be that as it may, it shall be proper to consider the matter as and when the respondents submit the selection record as directed,” the court said.

Pointing that mere asking for examination of the selection record by the court of law does not take away the powers of the respondents that they enjoy under law, the court said: “The respondents should also not feel that their decisions are being examined by the court in the capacity of appellate authority. Judicial review for examining the action of the respondents is permissible.”

The court said that no orders yet have been passed, which has affected the decision of the respondents.

Noting that it was not understandable as to how the directions are taken, the court said that without making any observation in this regard, it was left for the wisdom and consumption of the respondents.

The court said that the approach adopted by it was only to settle the matter.

“But in the event respondents are not inclined to take the court into confidence by showing the selection records that are for their consideration,” it said.

In their plea, the petitioners contend that they have applied for the post of Principal, SKIMS Medical College, Bemina in terms of an advertisement notice dated 7 January 2021.

“The selection process for the post is being carried in violation of the recruitment rules governing the subject as well as against the mandate of clauses (b) and (c) prescribed in the advertisement notice,” they said.

The petitioners said that the selection committee had not assessed the credentials of all the competing candidates on the basis of criteria and that, without such assessment, all the nine competing candidates were called for interview instead of restricting the number of candidates to the ratio of 1:5.

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