HC warns Govt on appointment of GMC Principal

Excelsior Correspondent
Srinagar, Nov 25: The State High Court today warned Government that in case judgment about the appointment of Principal Government Medical College, Srinagar is not implemented then appropriate order will follow in this regard.
Court today in a contempt petition filed by Dr Javed Chowdhry who staked claim for the post of Principal GMC, Srinagar because of his seniority, suitability and eligibility, directed the authorities that in case the judgment is not implemented then orders will follow.
“It is made clear that in case judgment is not implemented, then appropriate orders in this behalf will be passed”, Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey warned and posted the matter for further consideration in the week commencing from December 13.
With regard to implementation of judgment, Court also sought fresh compliance report from the Government. Court in its judgment passed in the month of March this year had directed the State Government to fill up the post of Principal GMC, Srinagar within eight weeks from today (March 3) on regular basis in accordance with the rules.
State counsel M I Dar (AAG) produced a communication before the Court which revealed that the meeting of the establishment cum selection committee was scheduled to be held today, which will now be held on November 30.
Dr Chowdhry has challenged the Government order (dated 19.12.2015) whereby Dr. Kaisar Ahmad Koul was given the charge of Principal on temporary basis.  Dr. Chowdhry challenged the said order before the court on the ground that the private respondent (Dr. Kaisar) is junior to him in seniority list of Professors.
It may be mentioned here that Dr Kaisar was appointed as Principal of the College on temporary basis (vide Government order No. 814-HME of 2015 dated 19.12.2015) following the resignation of Dr Rafiq Ahmad Pampori.
Court in its order had said the impugned order dated 19.12.2015 (whereby Dr. Kaisar has been appointed as GMC Principal) is simply a temporary arrangement mentioning therein that it shall not create any right, interest or equity in favour of Dr Kaisar.
Court had also made it clear that in case after four weeks the regular appointment has not been made then it shall be open for the competent authority to make the fresh temporary arrangement in which seniority shall prevail.