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Dr Ghan Shyam Dev to continue as Principal GMC till Writ Court's decision: DB
12/9/2014 11:47:58 PM
Jammu, Dec 9 : In a LPA filed by Dr. Ghanshyam Dev challenge the interim order dated 30.09.2014 which has been confirmed on 10.11.2014, a Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Tashi Rabstan after hearing Sr. Adv AV Gupta with Adv Aditya Gupta appearing for the appellant whereas Dr. Anice Choudhary then I/C Principal GMC Jammu (now rtd) in person, observed that It is conceded as a fact that Dr. Anice Choudhary has superannuated on 30.04.2013 and the appellant- Dr. Ghan Shyam Dev is holding the charge of Principal Government Medical College, Jammu in terms of Govt. Order No.230-HME of 2014 dated 23.04.2014. The recommendations by Establishment-cum-Selection Committee on 18.10.2012 have been made for regular and long term selection where the name of the appellant Dr. Ghan Shyam Dev appeared in the select list. On account of the interim order, the authority concerned has not been able to give effect to the proceedings of the Establishment-cum-selection committee dated 18.10.2012 and Dr. Ghan Shyam Dev has been given charge of the post of Principal.
Keeping in view the aforesaid factual position and the fact that the appellant Dr. Ghan Shyam Dev is already holding the charge of the post of Principal, Government Medical College,Jammu, Division Bench relegate the appellant to agitate his remedy before the Writ Courtbecause the Writ Court did not have the benefit of his assistance. Even CMA No.01/2013 filed by the petitioner-respondent for his impleadment as party respondent is still pending. We request the Writ Court to take up the matter at the earliest and decide the controversy. However, the appellant- Dr. Ghan Shyam Dev shall continue to hold the charge of the post of Principal,Government Medical College, Jammu till the controversy is finally decided by the Writ Court. We make it clear that any observation made in this order shall not be construed as an expression of opinion on the merits of the controversy. The writ Court shall proceed without being uninfluenced by any of the observation.(JNF)
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