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HC sets aside appointments of 2 Astt Professors in PMR
Illegal appointments in SKIMS
7/20/2014 10:30:17 PM
Srinagar, July 20: Holding the appointments of Dr Abdul Hameed Rather and Dr Javaid Ahmad against the posts of assistant professor Physical Medicine and Rehabilitation (PMR) in SKIMS contrary to rules, the high court has set aside their appointments. According to a news agency, in their objections wherein they questioned the maintainability of the PIL, the two doctors had quoted a letter of Dr U. Singh, professor and HOD of PMR AIIMS, New Delhi who had suggested that diploma in PMR was available only in a few states and the candidates for the same were admitted from their respective states quota only. It was also suggested in the said letter that it would not be possible for the candidates working in Srinagar to get admission in other states, since the seats are reserved for local candidates. Dr U Singh had further opined that it was remotely possible to find any local candidate with full qualifications as per MCI as there were no local medical colleges or hospitals where post graduate degree courses were run in PMR. In an order issued in a Public Interest Litigation (PIL) questioning these appointments, a division bench of the high court comprising of Justice Hasnain Massodi and Justice D S Thakur has said that there is nothing on record which would satisfy the court Dr Abdul Hameed Rather and Dr Javaid Ahmad made any effort to apply for admission to the courses run by those institutes in the field of PMR and that their applications were rejected. The High Court has now said that it does indeed appear that the letter of Dr U Singh was elicited only with a view to justify the appointment of Dr Hameed and Dr Javid. "This was certainly not a case of there being any impossibility in the acquisition of qualification prescribed by MCI for the post of assistant professor. In any case if there was any such difficulty, the right course was to seek amendment/relaxation of the rules through the MCI instead of taking an executive decision contrary to rules, which on the face of it is illegal." The high court has said that Dr Abdul Hameed Rather and Dr Javaid Ahmad in the present case beyond any doubt, are ineligible to hold the post of assistant professor in the PMR. "The petitioners, have, therefore, clearly succeeded in bringing out the ineligibility of the two doctors and proved that their appointment is contrary to the rules of MCI…We can ill-afford to allow such appointments to continue in prestigious medical institutes including the present one by a faculty who is not qualified. Any such effort to permit continuance of such doctors, notwithstanding the fact that they would have acquired some experience in the field during the course of their illegal appointment could negate the effort of specialized bodies like the MCI at achieving academic excellence in the medical faculty besides jeopardizing the patent care in the hospitals," said the Court.
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