news details |
|
|
| Controversy over the posting of Medical Superintendent | | Dr Gupta’s adhoc posting cancelled, Director Health ordered to take charge | |
Jammu, Dec 5
A Division Bench of J&K High Court Jammu wing comprising Justice Nirmal Singh and Justice Hakim Imtiyaz Hussain today decided the controversy over the posting of Medical Superintendent in Government Medical College Jammu ordered that the adhoc arrangement of posting of Dr. Vinod Gupta shall be deemed to have come an end with immediate effect and the charge of the post shall temporarily be given to the Director Health Services Jammu till a permanent arrangement is made.
This significant judgment has been passed by the Division Bench in LPA filed by Dr. Manoj Kumar Chalotra Vs Dr. Vinod Gupta and others against the judgment of single judge passed on June 6, 2005. Dr. Manoj Kumar Chalotra Deputy Medical Superintendent Chopra Nursing Home (GMC Hospital) was posted as Incharge Medical Superintendent GMC Jammu in his own pay and grade and aggrieved of the Government order Dr Gupta filed petition challenged the order of transfer on the ground that Dr. Chalotra did not possess the qualification to hold the post of Medical Superintendent. The Single Bench found that the appellant was not eligible to hold the post. While quashing the Government order August 2, 2004, Court directed the official respondents to allow Dr. Gupta to join back on the post of Incharge Medical Superintendent GMC Hospital forthwith. Aggrieved of the judgment and order of the single judge, the appellant filed this petition. Division Bench observed that during the course of arguments, Court's attention was drawn to the directions of Single Judge passed on 6-6-2005 in which the Single Judge directed the state Government to take steps for filling up the post of Medical Superintendent existing in GMC 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 Superintendent for being promoted to the post of Medical Superintendent, it may seek the recommendation of the Public Service Commission of a person to be posted as Medical Superintendent who must be eligible under rules and in the opinion of the PSC possesses exceptional merit as well as professional experience of high order in his specialty and after obtaining the views of Medical Council of India. If the Government in its wisdom does not choose to adopt the said mode for filling up the post it shall take steps for appointment of a non-permanent resident doctor, who is eligible for holding the post on contract basis or on deputation for a term not exceeding three years, further extendable up to a maximum period of five years. The Government shall complete this exercise within a period of four months. Following the procedure within a period of four months shall make appointment of Deputy Medical Superintendent. Since two alternative modes for appointment to the post of Deputy Medical Superintendent prescribed by the rules, the Government can in its discretion adopt any of the two modes. If the Government decided to make appointments by direct recruitment, advertisement notice shall be issued within a period of one month and the recruitment process shall be completed within a period of three months thereafter. In case it decides to fill up the post by deputation from CMOs, it shall consider the case of all the eligible CMOs, who possess requisite qualifications and experience depute them within a period of four months.
DB further observed that appellant Dr. Chalotra who himself argued the case submitted that the official respondents have not initiated any process to fill-up the post of Medical Superintendent GMC Jammu in compliance to the directions of this Court. On November 16, 2005 this Court again considered the matter and directed Commissioner cum Secretary to Government Health and Medical Education and Advocate General to appear in the case on the next date. The commissioner cum secretary did not appear. The Advocate General appeared but he could not inform the Court about the steps taken by Government to fill up the post of Medical Superintendent GMC Jammu on regular basis. He submitted that Government has already taken up matter of filling up the post of Deputy Medical Superintendent with the PSC. The judgment written by Justice Hakim Imtiyaz Hussain for the Division Bench further observed that from the record as well as from the submissions made, DB find that no steps have so far been taken by the State Government for filling up the post and observed holding of the post of Medical Superintendent is admittedly ineligible and utter disregard to the rules. Taking strong note of the inaction the DB observed that admittedly the post of Medical Superintendent and Deputy Medical Superintendents have been filled up on stop-gap basis and no effort has so far been made to fill up the posts on regular basis. Surprisingly the posts have been offered to persons who otherwise do not possess the eligibility to hold the posts both Dr. fand Dr. Vinod Gupta who are ineligible to hold the post of Medical Superintendent but by resorting to adhocism it has become possible for these persons to enjoy the usufruct of the post and further referred the observations of the Single Judge.
Justifying the directions of the Single Judge, the DB asking for filling up the posts on regular basis, the DB observed that state has not taken any steps for the filling up the posts as per the directions of the Single Judge and the recruitment rules, it has also even ignored the directions of the Supreme Court in Suraj Parkash and others.
DB feels that a situation has arisen where coercive steps are required to be taken to force the state to respond to the directions of the writ Court and follow the provisions of the rules and accordingly in the circumstances in first instance passed directions in the matter that since the state has not complied with the directions of the writ Court within the period of four months as fixed by the writ Court, the adhoc arrangement of posting Dr. Gupta on the post of Medical Superintendent GMC Jammu shall be deemed to have come to an end with immediate effect. The charge of the office shall temporarily be given to Director Health Services Jammu till a permanent arrangement is made. The state shall takes steps to fill-up the posts on regular basis on priority basis, shall refer the case to the PSC to seek its recommendation of a person to be posted as Medical Superintendent 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 specialty as per the rules.
DB further observed that in view of the urgency of the matter the Court expect that on receiving the reference from the State Government, the PSC shall initiate and complete the process expeditiously and as far as practicable, send its recommendation within one month from the date it initiates the process. DB finds that the PSC is also a necessary party in the case directed arraying of the PSC as respondent and directed it to file its response to the stand taken by the State in the affidavit filed by the Principal Secretary regarding filling up the posts of Deputy Medical Superintendents so that necessary orders are passed in this behalf with the direction to the Registry to list after four weeks. JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
