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| Court sets aside temporary appointment of Principal Dental College Jammu E | | | ARLY TIMES REPORT
Jammu, Nov 11: Justice Hasnain Massodi of Jammu & Kashmir High Court Jammu Wing set-aside the appointment of Dr Romesh Singh as Incharge Principal Indira Gandhi Govt Dental College Jammu which was challenged by the Dr. Parveen Akhter Lone on various grounds.
Justice Hasnain Massodi after hearing Adv SK Shukla appearing for the petitioner whereas Adv BS Salathia appeared for the respondent observed that though the petitioner is not eligible for the post of Principal, Indira Gandhi Government Dental College, Jammu, yet the petitioner as a faculty member of the College has a legitimate and valid interest to see that no one holds a public office or is appointed to public office in violation of constitutional provisions, provisions of an Act or the statutory / Recruitment Rules. “Though the petitioner would not be entitled to maintain a petition for a writ of certiorari but her petition for a writ of quo warranto cannot be thrown out on the ground that she is not herself eligible for the post held by respondent no.2 and cannot maintain a petition throwing challenge to the appointment of respondent no.2, court added.
Court further observed that there is merit in challenge to the Government Order No. 368-HME of 2011 dated 22nd July, 2011, whereby the respondent no.2 has been asked to temporary hold the office of Principal, Indira Gandhi Government Dental College, Jammu. The petition is allowed and the Order No. 368-HME of 2011 dated 22nd July, 2011 as also the Communication No. IGGDCJ/Estt/GD/917-25 dated 22/07/11 are set aside and ordered that Principal, Dental College, Srinagar shall continue to hold the additional charge of Principal, Indira Gandhi Government Dental College, Jammu till the post is substantively filled up in accordance with rules or ad-hoc/stop-gap temporary charge of the post is given to a person having qualification and experience prescribed for the post of Principal under J&K Dental Education (Dental College) Gazetted Services Recruitment Rules, 1993.
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