news details |
|
|
| Controversy over appointment of DG Health | | HC directs selection committee to make fresh recommendation | | JAMMU, APRIL 17
Justice Hakim Imtiyaz Hussain of J&K High Court, Jammu Wing, in a writ petition raising controversial points against the recommendation for the post of Director General, Health, Family Welfare and RCH, National Rural Health Mission, after considering all the facts, directed the respondent committee to consider and take final decision within one month from the date a copy of this order is served to the Chief Secretary. The Court feels it just and proper that the matter be examined by the committee afresh and till that is done the government may not act upon the recommendation impugned in the present petition. The committee shall consider the service record of three persons considered by it and find out as to whether they are the members of the service or still belong to the Medical Education Service and while doing so, the committee may give personal hearing to the petitioner as well as the three doctors, considered by it earlier. The committee shall peruse the record relating to the statement of the government on the floor of the house and see its effect on the present matter.
The Court further observed that if on consideration of the matter, the committee comes to the conclusion that Dr. Muzaffar Ahmed of the Health Service, is eligible for the post, the Government, may proceed with the recommendation of the committee, but if it is found that three persons namely Dr. Muzaffar Ahmed, Director Health Services, Kashmir, Dr. Jasbir Singh, Director Family Welfare, presently holding the charge of Director Health Services, Jammu and Dr. RK Khajuria Director RCH, considered earlier, belong to the Medical Education Department, the recommendation made shall stand quashed and the committee shall in that case make a fresh recommendation after considering only the eligible members of Health Services for the post.
In view of the directions of the High Court in SWP 436 of 2006, the petitioner Dr. Inder Parkash Gupta be also considered for the post along with other eligible candidates.
Justice Hussain observed that it appears that neither Dr. Muzaffar Ahmed nor Dr. Jasbir Singh or Dr. RK Khajuria, who were considered by the Selection Committee for the post of Director General were borne on the cadre of State Health Services. Court finds that all these facts have not been considered by the committee at all. If the committee was so keen to ascertain the eligibility of the petitioner for the post, it should have also looked into the eligibility of other candidates. The State has not produced any order on the basis of which it could be said that Dr. Muzaffar, Dr. Jasbir or Dr. Khajuria, considered by the committee, have ceased to become the members of the Medical Education Service and have been permanently absorbed in the Health Services. The record produced by the State also does not help the Court on the issue.
In the circumstances, Court finds that the issue needs further examination on the basis of relevant service record of the said doctors, particularly when the statement of the government on the floor of the Assembly contains altogether a different stand that has been taken in the present case.
Dr. Inder Parkash Gupta in the petition submitted that he is the senior most A- Grade Specialist in the Health Department and is the only officer eligible for the post of Director General Health Services and maintained that Dr Muzaffer who was recommended by the committee was not borne on the cadre of Health Department and his adjustment against the post of Director Health Services, Kashmir, was against the recruitment rules JNF.
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
