Excelsior Correspondent
JAMMU, Dec 15: Justice Wasim Sadiq Nargal today stayed the operation of Order No. E-Office No. NCSC-SSW2055/5/2022-US-(SSW) in File No. S20/Jammu-1/2021/SSW-II dated 10.11.2022 passed by the National Commission for Scheduled Castes whereby the Commission had directed the Administrative Secretary, Health and Medical Education Department to make Dr Sanjay Kumar Bhasin as Head of the Department, Department of Surgery, Government Medical College, Jammu.
Justice Nargal passed the order in a writ petition filed by Dr Ratnakar Sharma, HOD (Incharge), Department of Surgery, GMC, Jammu challenging the validity of the order passed by National Commission for Scheduled Castes and also seeking appropriate directions that the Government of J&K be directed not to disturb him from his present place of posting, the charge of which was assigned to him by virtue of Order No. GMC/21/ORDER/181 dated 31.05.2022.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan and Mohd. Zulkarnain Chowdhary appearing for the petitioner, Justice Wasim Sadiq Nargal, “the counsel for the petitioner has vehemently argued that the Apex Court of the country is already seized of the matter in SLP (C) No. 33820/2015 arising out of the batch of petitions with Lead Case tilted Ashok Kumar Sharma Vs. State of J&K & Ors connected with SWP No. 1583/2014 titled Dr. Ratnakar Sharma V/s State of J&K & Ors, wherein the Division Bench of the High Court of J&K and Ladakh at Jammu allowed the Writ Petitions and struck down Section 6 of the J&K Reservation Act, 2004 and Rules 9, 10 & 34 of the J&K Reservation Rules, 2005 being ultra vires to the Article 16 of the Constitution of India besides quashing the orders of placement of Dr Sanjay Kumar Bhasin as Incharge Assistant Professor made vide Order No. 619-HME of 201 dated 25.11.2011 and also the corrigendum issued thereafter”.
Advocate S S Ahmed, during the course of arguments, submitted that the National Commission for Scheduled Castes was mislead by Dr Sanjay Kumar Bhasin who suppressed the material facts as the service disputes viz-a-viz seniority and other relevant issues between petitioner and Dr Sanjay Kumar Bhasin were already clinched by the Division Bench of the High Court of Jammu & Kashmir and Ladakh which has assumed finality.
After the petitioner successfully obtained the relief against Dr Sanjay Kumar Bhasin from the Division Bench of this court, the private respondent Dr Sanjay Kumar Bhasin started filing false & frivolous complaints before the National Commission for Scheduled Castes with a view to defeat the rights of the petitioner.
Advocate Ahmed vociferously argued that National Commission for Scheduled Castes by no stretch of imagination can issue positive direction with respect to the service conditions of the petitioner and Dr Sanjay Kumar Bhasin as the NCSC is not empowered to issue any such direction either to transfer an employee in a particular post or place or to pass any order relating to service matter, which falls within the realms of administrative action as it (NCSC) is only recommendatory body.
After considering the submissions made by Advocate Ahmed, Justice Wasim Sadiq Nargal observed, “prima facie case for indulgence has been made out”. Accordingly, High Court issued notices to the National Commission for Scheduled Castes as well as Secretary, Health & Medical Education Department, Government of J&K and Principal, GMC, Jammu which were accepted in the open Court by AAG, Amit Gupta.
Justice Nargal also issued notices to private respondent Dr Sanjay Kumar Bhasin. The Court also directed the petitioner to take steps for the service of NCSC within one week. The Court looking into peculiar circumstances of the case, further stayed the operation of the impugned order dated 10.11.2022 passed by the National Commission for Scheduled Castes till next date of hearing i.e. 22.02.2023.
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