Excelsior Correspondent
SRINAGAR, Apr 23: The State High Court today directed the Health Department to file an affidavit with regard to implementation of judgment wherein appointment of Principal Government Medical College, Srinagar was quashed and Government was directed to make interim arrangement for the post till the same is regularly filled up.
The Division Bench of Justice Ali Mohammad Magrey and Justice Tashi Rabstan observed to the counsel appearing on behalf of Health Department that the judgment has been violated as no interim arrangement has been made till date.
The DB directed the Commissioner/Secretary H&ME department to submit an affidavit within one week indicating therein as to how and in what manner the judgment has been implemented or appear personally before the court.
Dr Javed Chowdhry filed contempt proceedings against the authorities for violation of court judgment and appearing in person today before the court submitted that the Government as per the judgment passed on February was obliged to make interim arrangement for the post within four weeks from the date of receipt of judgment and remove the present incumbent as her appointment has been quashed by the court.
He informed the court that in total disregard of the judgment Dr Samia Rashid whose appointment as Principal GMC has already been quashed is continuously holding the post till date.
The court on February 28 had quashed the appointment of Dr Samia as Principal GMC and directed the Government to take appropriate decision for appointment of suitable person on the post within four weeks time.
The court had held the Cabinet decision as well as the appointment of Dr Samia Rashid as Principal GMC Srinagar bad in the eyes of law and accordingly quashed both.
Since the appointment of present incumbent was quashed as such the court left it open for the Government to make in-charge or temporary arrangement for the post in question to run the day to day affairs of the office of the Principal, Government Medical College, Srinagar till decision is taken by the Cabinet/SAC on appointment of Principal on regular basis.
Dr Javed Chowdhry had approached the court by way of a writ petition to challenge the appointment of Principal and the writ court dismissed his plea by passing the judgment on October 2017. Dr Chowdhry challenged the decision of writ court in an appeal which came to be allowed by the Division Bench by setting-aside the judgment of the Writ Court and Cabinet Decision no.50/04/2017 dated 28th April 2017 and Government Order no.252-HME of 2017 dated 8th May 2017, impugned in the writ petition, were quashed, with a direction to the respondents to place the whole material, consisting of minutes of the decision of the Establishment-cum-Selection Committee before the Cabinet/State Administrative Council (SAC), as the case may be, for its reconsideration.
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