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| HC dismisses petition challenging appointment of MO Homeopathy | | | EARLY TIMES REPORT
JAMMU, Oct 18 (JNF):- Justice Sunil Hali of J&K High Court (Jammu Wing) in a petition filed by Dr. Tanveer Hadayat Khan challenging the appointment of private respondent as Medical Officer (Homeopathy) for Tehsil Surankote, has dismissed the petition.
While referring to the notification issued by the Public Service Commission only qualification prescribed by the Government which is reflected in the notification issued by the Public Service Commission is that the applicant should possess a Bachelor’s Degree in Homoeopathy from an institution recognized by the Central Council (Homeopathy). Nothing is stated in the notification or in the Government order that one should be registered with the J&K Board of Homoeopathic Medicine. Further Section 18 of the Act only says that a practitioner registered in Part ‘A’ shall be eligible to hold an appointment as a Medical Officer (Homeopathy). It is only for holding an appointment that he must get himself registered in part ‘A of the Register and the appointees have already got themselves registered and they figure in Part ‘A of the Register. Hence, we find no illegality in their holding the appointment as Medical Officers in any Homeopathic Dispensary or Hospital supported by or receiving grant from the Government.
The court after hearing Advocate Abhinav Sharma appearing for the petitioner whereas Deputy AG Shaista Hakim appearing for the State Health Dept and Advocate FA Natnoo appearing for the PSC observed that in the present case, no such qualification is prescribed as indicated above in the impugned notification that a candidate should be registered with the Board concerned at the time of submission of application forms. It is only that one should be registered practitioner in terms of the provisions noticed above at the time of holding a post as a Medical Officer in any Ayurvedic or Unani dispensary or hospital, which qualification, as per the private respondent is held by him. However, this aspect of the matter is left to be considered by the respondent authorities. They would allow the candidate concerned to hold the post only if he is registered in terms of the provisions of Section 18(3) of the Act aforementioned. With these observations Court dismissed the petition. JNF
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