Excelsior Correspondent
Srinagar, Oct 27: High Court today held the appointment of Principal Government Medical College Srinagar, Dr Samia Rashid, as valid and said it does not call any interference.
The appointment of Dr Samia Rashid as Principal was challenged by Dr Javaid Chowdhry who being the only candidate eligible for the post in view of his seniority, experience and eligibility.
Hearing the petitioner counsel and State Counsel as also the counsel representing Dr Samia the Court of Justice Alok Aradhe dismissed the petition of Dr Chowdhry with the observation that the petitioner has not alleged mala fides against any person.
“The petitioner has no legally enforceable right to seek appointment on the post in question merely on the basis of recommendation made by the selection committee which is not statutory in nature. The decision to appoint Dr Samia is taken by the Cabinet, which in the absence of any mala fides or arbitrariness does not call for any interference”, Justice Aradhe concluded.
Court in view of preceding analysis does not find any merit in the writ petition and dismissed the same with the finding that State Cabinet is the creator of selection committee and it can scrutinize the recommendations and can either accept or reject the recommendations.
Cabinet in its decision on 28.4.2017 along with Government order dated 8.5.2017, had appointed Dr Samia Rashid as Principal of Government Medical College, Srinagar.
The petitioner challenged the appointment as also the Cabinet decision in this regard in the instant petition on the ground that the decision of the Cabinet is not in tune with business rules.
Case of the petitioner before the court was that even though the name of the petitioner alone was recommended for appointment to the post in question by Establishment-cum-Selection Committee and the same was submitted for approval to the State Cabinet, in the form of Memorandum, yet the State Cabinet has taken a decision to appoint Dr Samia and thereafter the order of appointment was passed.
He further submitted that his name alone was approved for appointment and therefore either the Cabinet should have accepted the same or returned the proposal.
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