Excelsior Correspondent
JAMMU, Mar 22: High Court today dismissed a petition filed by Dr Zahid Hussain Gillani challenging the validity of order dated March 13, 2017 whereby Dr Sunanda Raina, Head of the Department of Anatomy, has been asked to look after the work of post of Principal Government Medical College Jammu.
When the petition came up for hearing, Senior Advocate AH Naik with Advocate Nirmal Kotwal appearing for the Dr Zahid submitted that the impugned order has been passed in violation of order dated 02.12.2015 as one adhoc arrangement is sought to be replaced by another adhoc arrangement, which is not permissible under law.
“Moreover, Dr Sunanda Raina is junior to the petitioner and panel of five Doctors was prepared for regularization of the appointment on the post in question. However, in the panel, the name of Dr Sunanda Raina is not included”, they further submitted.
On the other hand, HA Siddiqui, Senior Additional Advocate General submitted that the petitioner was appointed as incharge Principal and has no right to hold the post. He further submitted that while appointing the petitioner charge of the Principal was not given to two doctors namely Dr Shashi and Dr Ganshayam Dev. “In the administrative exigency, the decision has been taken”, he added.
Advocate Abhinav Sharma appearing for Dr Sunanda Raina submitted, “the petitioner as well as Dr Sunanda Raina hold the substantive posts of Professors. There is no material on record to show that any panel was prepared for consideration of regularization of the appointment on the post of Principal Government Medical College as such no legal right of the petitioner has been infringed”.
After considering the submissions of the counsels for the parties, Justice Alok Aradhe observed, “no legal right has accrued to the petitioner on account of his continuation on temporary basis. In case the petitioner is aggrieved, he can take recourse to the remedy available to him under the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956”, adding “no case for any interference has been made out by the petitioner”.
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