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| HC Stayed Appointment of Director General Health | | Family Welfare, RCH and National Rural Health Mission | |
Jammu, August, 11 :- Justice YP Nargotra of J&K High Court Jammu Wing in significant order, today stayed recruitment/ appointment to the post of Director General of Health, Family Welfare, RCH and National Rural Health Mission in a writ petition filed by Dr. Inder Parkash Gupta a Selection Grade Physician Specialist, challenging the recommendation of Dr. Muzzaffar Ahmed for appointment on the post of Director General.
In the petition it has been submitted that post of Director General in the Health Family Welfare RCH and National Rural Health Mission in the pay-scale of Rs 18400-22400 has been created by the Govt. for the recruitment of the said post, there are no recruitment rules as per the petition. For filing up the post of Director General, the Govt has constituted a selection committee headed by Chief Secretary. The petitioner being a senior most physician in the Health Department and presently working as selection A Grade Physician Specialist in the chest diseases Hospital, Jammu, claiming himself to be eligible for the post of Director General, apprehending that he would not be considered for appointment had filed a writ petition, which came to be disposed of vide order May 19, 2006 directed respondents to consider the petitioner for promotion to the post of Director General along with other eligible candidates, subject to his eligibility under the relevant statutory recruitment rules governing the said post.
The committee considered and said that A Grade Specialist were only eligible for promotion to the post of Director, found the petitioner not eligible to be considered for the post of Director General especially when he does not "have much administrative experience". The selection committee recommended to the competent Authority the name of Dr. Muzzaffar Ahmed for appointment by its recommendation dated June 12, 2006.
The petitioner filed this fresh petition and submitted that his exclusion is illegal as there are no rules which provide for mode of recruitment to the post of Director General and in the absence of any rule or criteria formulated by the Govt for prescribing the eligibility, the selection committee could not have legally excluded the name of petitioner from consideration zone especially when the post created in Health Department and petitioner is also on the cadre of Health Department whereas the candidate whose name recommended by the selection committee belongs to Medical Education Department.
Justice YP Nargotra after hearing petitioner Dr. Inder Parkash Gupta appear in person, issued notice to the respondents with the direction that petitioner to take necessary steps for service of the respondents. In the meanwhile, the recruitment/ appointment to the Post of Director General of Health, Family Welfare, RCH and National Rural Health Mission shall remain stayed. Court clarified that this order shall, however, be subject to alteration, modification and objections on motion. JNF |
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