Excelsior Correspondent
JAMMU, Dec 9: Division Bench of High Court comprising Chief Justice M M Kumar and Justice Tashi Rabstan today directed that Dr Ghan Shyam Dev should continue to hold the charge of Principal, Government Medical College, Jammu till the writ court decides the controversy involving the post in the light of Establishment-cum-Selection Committee recommendations.
The order was passed in a LPA filed by Dr Ghan Shyam Dev challenging the interim order dated 30.09.2014 and confirmed on 10.11.2014. Through the interim order, the writ court had directed that recommendations made by the Establishment-cum- Selection Committee on 18.10.2012 shall not be acted upon.
After hearing Senior Advocate AV Gupta with Advocate Aditya Gupta appearing for the appellant whereas Dr Anice Choudhary, the then Incharge Principal GMC Jammu (now retd) in person, DB observed, “it is conceded as a fact that Dr Anice Choudhary has superannuated on 30.04.2013 and the appellant– Dr Ghan Shyam Dev is holding the charge of Principal Government Medical College, Jammu in terms of Govt. Order No.230-HME of 2014 dated 23.04.2014”.
“The recommendations by Establishment-cum-Selection Committee on 18.10.2012 have been made for regular and long term selection where the name of the appellant Dr Ghan Shyam Dev appeared in the select list. On account of the interim order, the authority concerned has not been able to give effect to the proceedings of the Establishment-cum-Selection Committee dated 18.10.2012 and Dr. Ghan Shyam Dev has been given charge of the post of Principal”, the DB said.
Keeping in view the factual position and the fact that the appellant Dr Ghan Shyam Dev is already holding the charge of the post of Principal, Government Medical College, Jammu, Division Bench relegated the appellant to agitate his remedy before the writ court because the writ court did not have the benefit of his assistance.
“Even CMA No.01/2013 filed by the petitioner-respondent for his impleadment as party respondent is still pending. We request the writ court to take up the matter at the earliest and decide the controversy. However, the appellant- Dr Ghan Shyam Dev shall continue to hold the charge of the post of Principal, Government Medical College, Jammu till the controversy is finally decided by the writ court”, the DB said, adding the writ court shall proceed without being uninfluenced by any of the observation.
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