Excelsior Correspondent
JAMMU, Sept 27: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Bansi Lal Bhat has upheld the transfer of Dr Riyaz Ahmed, the then Deputy Medical Superintendent, Super Specialty Hospital and dismissed an appeal filed by him against the order of Writ Court.
After hearing Senior Advocate KS Johal with Advocate Sumeet Bhatia for the appellant whereas Senior AAG Gagan Basotra for the State, DB dismissed the appeal against the order of Writ Court for being devoid of merit.
“On the issue of eligibility, Writ Court concluded that the appellant could not have been adjusted even as incharge arrangement against the post of Deputy Medical Superintendent as he lacked requisite qualification prescribed by the Rules”, the DB said, adding “even clarification to that effect was obtained from Medical Council of India, which opined that the qualification possessed by the appellant did not answer the Requirement Rules of 1979”.
“We are of the view that the opinion expressed by the Writ Court does not suffer from any legal infirmity warranting interference of this court”, DB said, adding “it is conceded as a fact that the appellant is substantive holder of the post of Assistant Surgeon in the Health Department and does not possess requisite qualification for appointment as Deputy Medical Superintendent or Medical Superintendent”.
“The appellant cannot claim as of right to continue working on the post of Deputy Medical Superintendent/Medical Superintendent. The allegations of malafide have remained unsubstantiated and the impugned order dated 08.01.2014 did not suffer from any extraneous consideration”, the DB said while dismissing the appeal.
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