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Excelsior Correspondent
JAMMU, Nov 17: In a petition filed by Kamal Kishore and others, who are the members of J&K Medical Education (Gazetted Services) seeking quashment of order dated March 3, 2006 regarding separate seniority in respect of Government Medical Colleges of Jammu and Srinagar, High Court has directed Commissioner Secretary, Health and Medical Education Department, Secretary, Law, Justice and Parliamentary Affairs Department and Principals of both the Medical Colleges to appear in person on next date of hearing.
The grievances projected by the petitioners were that Government order was in violation of Jammu and Kashmir Medical Education (Gazetted) Service Rules 1997 which provide framing of common seniority list of the members of each wing of the service— teaching, administrative and general.
After hearing Advocate Abhinav Sharma appearing for the petitioners whereas Deputy AG Neeru Goswami for the State, Justice J P Singh observed, “the State Government has not contested. The State counsel rather informed that the State was conscious of the provisions of the rules and had therefore constituted a committee vide order dated August 8, 2011 to examine the modalities for making common seniority for Government Medical Colleges of Jammu and Srinagar”.
“In view of the clear stand taken by the State Government and the submission made on its behalf by the State Counsel, a time frame was provided by the court to the committee to expedite its deliberations for making recommendations to the State Government to comply with the requirement of the rules so that these were implemented in letter and spirit”, the Court said.
“After having taken conscious decision that a common seniority list had to be maintained for both the Medical Colleges, the Government cannot take back its undertaking given to the Court to workout modalities for framing common seniority list to defeat the petitioners’ claim in the petition”, Justice J P Singh said.
“The act of the Government in issuing order No. 548-HME 2012 dated September 5, 2012 and the recommendations made by the committee constituted vide order dated August 8, 2011 prima-facie indicate violation of the undertaking given by the State to the Court. However, before proceeding further in the matter for violation of the undertakings given to the Court, the members of the committee are required to explain their position as to how the committee exceeded its jurisdiction in suggesting different seniority list for two Medical Colleges when the Government order requiring it to examine the modalities for making common seniority lists of the members of GMC Jammu/Srinagar had not been withdrawn”, the High Court said.
With these observations, High Court directed Commissioner Secretary Health and Medical Education Department, Secretary Law, Justice and Parliamentary Affairs Department and Principal GMC Jammu/Principal GMC Srinagar to appear in person on next date.
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