Early Times Report
Srinagar, Feb 10: A division bench of the High Court today asked the government to clear its stand on the filling up of the post of Principal of Government Medical College (GMC), Srinagar, on regular basis.
The bench comprising Justice M H Attar and Justice B S Walia passed the direction on a petition filed by Dr Kaiser Ahmad Koul, who is looking after the post from December 19, 2015, following resignation of Dr Rafiq Ahmad Pampori.
Dr Kaiser has challenged the single bench's December 31, 2015 order whereunder the government was directed to fill up the post on regular basis within a period of four weeks by having regard to the rule position.
"It is noticed that the impugned order is simply a temporary arrangement making it clear that it shall not create any right, interest or equity in favour of (Dr Kaiser). Nonetheless, the impugned order does not indicate as to why the seniormost professor has been ignored in making the temporary arrangement," a single bench of Justice J R Kotwal had observed and directed that the government order regarding Dr Kaiser shall stay and that the government shall make fresh temporary arrangement in which seniority shall prevail.
The December 31 order was passed by the court on a petition filed by Dr Javed Chowdhary who had laid claim to the post being the senior post professor in the faculty of GMC.
"Government order is only a temporary arrangement and if the state withdraws it, what right you have?" the bench asked the petitioner's counsel.
"When he is not considered for temporary arrangement, his right is infringed," the bench said, observing that the temporary arrangement was creating problems.
Accordingly, it asked the additional advocate general to seek instructions regarding the regular appointment of the GMC principal post by next week. |
