Excelsior Correspondent
JAMMU, Sept 24: High Court today dismissed a writ filed by Lawlex Education and Research Trust seeking removal of Dr Dharminder Kumar, presently posted as Assistant Professor Cardiology and Dr Elias Sharma, Assistant Professor, Urology in Government Medical College from their respective posts and filling up the same by promoting the eligible persons strictly in terms of the J&K Medical Education (Gazetted) Service Recruitment Rules, 1979.
After hearing Advocate S K Shukla, Senior Advocate BS Salathia with Advocate Meenakshi Salathia for the petitioner whereas Deputy AG Neeru Goswami for the State and Senior Advocate MK Bhardwaj with Advocate Vasu Dubey for Dr Dharminder Kumar and Senior Advocate PN Raina with Advocate J A Hamal for Dr Elias Sharma and FA Natnoo for the PSC, Justice Ali Mohd Magrey dismissed the writ with costs of Rs 10,000 alongwith the connected CMA.
“The costs shall be deposited in Lawyers Welfare Fund within one month from today failing which Registrar Judicial shall frame Robkar against petitioners for non-compliance of directions of this Court”, Justice Magrey said.
“It needs to be mentioned here that the documents appended by the petitioner with this petition, which are copies of Government orders, have not been obtained by him in due course of law— under Right to Information Act. A bare perusal of these documents shows that some of these have been photocopied from the concerned Government files”, the High Court said, adding “this casts a serious cloud on the bonafides and intentions of the petitioner, who professes to espouse the public cause of legal awareness, but at the same time has himself not obtained the documents, relied upon by him, in a legal manner”.
“It is not disclosed by the petitioner how he has come in possession of these documents. After all, there is a legal mechanism established by law for obtaining copies of Govern-mental documents”, Justice Magrey said.
The High Court left it to the discretion of the Health and Medical Education Department to hold an enquiry, or take such other legal course as may be available, to ascertain how these documents have been photocopied from the Government record files; who is responsible for the same and what action should be taken for such a lapse.
“Reading between the lines, the contention of the respondents about the mala fides of the petitioner cannot wholly be brushed aside. Law is settled that busybodies, meddlesome interlopers, wayfarers or officious interveners have absolutely no public interest except for personal gain or private profit either of themselves or as a proxy of others or for any other extraneous motivation or for glare of publicity”, Justice Magrey said.
Follow our WhatsApp channel