Excelsior Correspondent
SRINAGAR, Mar 26: The High Court has held that it is not mandatory for the SKIMS to fill up 30 percent of the total number of posts in a non-medical discipline by appointing non-medical students.
Follow the Daily Excelsior channel on WhatsApp
The Division Bench of Justice Sanjeev Kumar and Justice Puneet Gupta held this in a plea whereby the Advertisement Notification No.02 of 2021 dated 17.04.2021 was issued by the SKIMS for filling up of post of Assistant Professor (non-medical) in Clinical Pharmacology under open merit category.
One Dr Mushtaq Ahmad challenged the advertisement and after contest by respondent-SKIMS the plea of Dr Mushtaq had been decided vide judgment which came to be assailed by the SKIMS in the instant appeal on the various grounds including that the challenge by respondent-Mushtaq to the Advertisement Notification No.2 of 2021 and consideration order dated 30.07.2022 is not tenable, in that, the post of Assistant Professor in Clinical Pharmacology was notified in terms of the Advertisement Notification No.2 of 2021 for both Medical and Non-Medical candidates and he did not participate in the selection process.
“With a view to allay any doubt and to set at rest the controversy, we hold that in terms of the Regulations, it is not mandatory for a Medical College/medical institution to necessarily fill up 30% of the total number of posts in a discipline or even in the department by appointing non-medical students”, the DB said.
The bench clarified that this lies in the discretion of the medical institution concerned and it is for the institution concerned to appoint even a non-medical student in some of the departments like Pharmacology but while doing so the institution concerned shall ensure that the number of non-medical teachers does not exceed 30% of total number of posts in the department.
“That is how the regulations are required to be understood and appreciated. The judgment of the Writ Court, with respect, has proceeded on a total wrong premise that a Medical College or medical institution like SKIMS is duty bound to fill up at least 30% of the total number of posts in each discipline from non-medical candidates”, the bench said.
With these views, the court directed the Sher-i-Kashmir Institute of Medical Sciences Soura (SKIMS) to proceed and conclude the selection process initiated in terms of advertisement of the year 2021. While setting aside the writ court judgment which was passed in favour of Dr Mushtaq, the bench directed the SKIMS authorities to proceed and conclude the process of selection in accordance with law.
“For the foregoing reasons, we find merit in this appeal, the same is, accordingly allowed. The judgment passed by the Writ Court dated 04.10.2023, impugned in this appeal, is set aside and the petition filed by respondent-Mushtaq is without any merit and dismissed accordingly. The SKIMS may proceed to conclude the selection process initiated in terms of the advertisement notification No.2 of 2021 dated 17.04.2021 in accordance with law”, the court concluded.
The court has held that respondent-Mushtaq never acquired any right to be selected and appointed as Assistant Professor in Clinical Pharmacology which remained unfilled in selection process initiated by the SKIMS vide advertisement and, therefore, he had not participated in the selection process will have no locus standi to challenge the advertisement notification No.2 of 2021 dated 17.04.2021 in which the another candidate namely Dr Majid Farooq claims to have emerged successful candidate for the lone notified post.
“Admittedly, the SKIMS had not framed any selection criteria prior to the commencement of the selection process. The selection criteria, which also included therein `the benchmark eligibility for selection, was framed during currency of the selection process and therefore, it cannot be argued by respondent-Mushtaq that by fixing the benchmark of 48 points the SKIMS changed the eligibility criteria for selection criteria midway or after the completion of the selection process”, read the judgment.
The court has further added that since Mushtaq did not participate in the selection process initiated, vide advertisement notification No.2 of 2021 dated 17.04.2021 and, therefore, had no right to challenge the aforesaid notification. “Very basis of throwing challenge to the advertisement notification No.2 of 2021 i.e. one of the four posts must necessarily be filled up from non-medical candidates in terms of the Medical Council of India Regulations, is built on a total wrong premise and clear misunderstanding of the relevant Regulations”, read the judgment.
Follow our WhatsApp channel
