| Dismissing his petition, Court reprimands HME department | | Dr Reyaz ineligible for MS post at SSH | | Avinash Azad
JAMMU, July 7: The Jammu wing State High Court has dismissed petition filed by Dr Reyaz Ahmad, Medical Superintendent, Super Specialty Hospital (SSH) Jammu, challenging his transfer order by Health and Medical Education department and observed that Dr Reyaz is not eligible to hold the post.
Moreover the Court, while reprimanding, higher authorities of Health and Medical Education, observed, "It is not understandable also as to why those at the helm of affairs should not have taken notice of the same at the very outset and rectified the mistake after obtaining the clarification from the MCI. It is also not understandable as to why the HME Department remained silent and not only allowed the Dr Reyaz to continue as DMS but allowed further responsibility of MS in the Hospital."
According to case history, Dr Reyaz Ahmad had challenged Government order number 21-HME of 2014 dated January 1, 2014, in which he was transferred and directed to report to the Principal, Indira Gandhi Government Dental College Jammu. But the order had been challenged by the doctor on the ground of malafides.
Having heard the learned counsel for the parties on July 4, 2014, the Court has reportedly observed that order impugned HME order needs no interference as the petitioner was not eligible to hold the post of Deputy Medical Superintendent of SSH Jammu.
"The petition, accordingly, dismissed along with all connected CMA (S). Interim direction shall stand vacated. The official respondents shall allow only a duly qualified person as per rules to hold the post of DMS/MS", they read.
Earlier, in 2012 the HME department under order number 660-HME had directed, Dr Reyaz to look after the duties of the post of Deputy Medical Superintendent, SSH Jammu. Subsequently, on May 22, 2013, the Government accorded grant of extension in his favour as in-charge Medical Superintendent, SSH till further orders or till post was filled up through PSC/DPC whichever was earlier conducted.
In 16 pages judgment the court further observed that it was surprising that despite having obtained the classification from the MCI that the qualification possessed by Dr Reyaz was not according to the requirement of the rules for holding the post of DMS, Dr Reyaz was permitted to continue, as such. |
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