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| CAT quashes appointment of Dr Narinder Singh as Supt GMC-Jammu | | |
Early Times Report
Jammu, Mar 19: A Bench of Central Administrative Tribunal has quashed the appointment of Dr. Narinder Singh Bhutyal as Medical Superintendent, Govt Medical College Jammu.
The Bench comprising Suresh Kumar Monga, Member (J) and A K Dubey, Member (A) after hearing Sr Advocate Abhinav Sharma, assisted by Adv Abhimanyu Sharma for the petitioner Dr. Rakesh Kumar Sharma whereas AAG for respondent, observed that “The High Court has categorically directed that the State Government shall take steps for filling up the posts of Medical Superintendent existing in Government Medical College Hospital, Jammu and its associated teaching hospitals by following the procedure envisaged by Rule 7 of 1979 Rules, in case there is no eligible person available in the cadre of Deputy Medical Superintendents for being promoted to the post of Medical Superintendent substantively, it may seek the recommendation of the J&K Public Service Commission of a person to be posted as Medical Superintendent who otherwise must be eligible under Rules and in the opinion of the Commission possesses exceptional merit as well as professional experience of high order in his speciality and after obtaining the views of Medical Council of India.”
“The temporary arrangement made vide order dated 31.10.2022, whereby charge of post of Medical Superintendent, GMC Jammu has been assigned to Dr Narinder Kumar Bhutiyal is not in accordance with the Rules of 1979 as well as not in consonance with the ratio of judgment dated 06.06.2005 passed by High Court”, the CAT said, adding “respondent is not having the post graduation qualification in Surgery/ Gynaecology/ or Medicine and other clinical subjects/Hospital Administration as stipulated in Schedule-III of the Rules,” the order said.
The order was challenged by Dr Rakesh Kumar Sharma, who had sought quashment of the same on the ground that respondent, who is substantively holding the post of Medical Officer and being a member of Jammu and Kashmir Medical (Gazetted) Service constituted under J&K Medical (Gazetted) Service Recruitment Rules, 1970 has been posted as Medical Superintendent in Govt Medical College, Jammu in sheer violation of J&K Medical Education (Gazetted) Service Recruitment Rules, 1979.
“The respondent neither is eligible to hold the post of Medical Superintendent nor could have been transferred from the post of Medical Officer to the post of Medical Superintendent.”
The CAT further observed that on perusal of the order dated 18.11.2022 passed on the applicant’s representation, we find that the relevant factors have been totally ignored and not taken into consideration by respondent No. 1. The relevant factors which ought to have been considered by Respondent No. 1 was the recommendation made by the Principal, Government Medical College, Jammu with regard to applicant’s eligibility; the experience earned by him during 11.09.2017 to 27.09.2018; the experience earned by him while managing the dedicated Covid-19 hospital and the principles laid down by the Hon’ble High Court of Jammu & Kashmir in Dr. Vinod Gupta’s case (supra). However, no such consideration has taken place which in our considered opinion renders the order dated 31.10.2022 as nonest and the same is liable to be ignored. In the conspectus of discussions made herein above, the Original Application deserves to be allowed. Accordingly, the Original Application is allowed. The order dated 31.10.2022 (Annexure A-1) qua the Respondent No. 3 herein is hereby quashed. The Respondent No. 1 is directed to reconsider the applicant’s representation dated 20.07.2022 while taking into consideration the observations made in the preceding paragraph 67 and the principles laid down by the Hon’ble High Court of Jammu & Kashmir in Dr. Vinod Gupta’s case (supra). A reasoned and speaking order be passed within a period of three weeks from the date of receipt of a certified copy of this order. (JNF) |
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