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| Recommendation for the post of Director General Family Welfare challenged | | HC directed AG to produce the record of selection committee | | Jammu, February 03
Justice Hakim Imtiyaz Hussain of J&K High Court Jammu wing in a writ petition challenging the selection and recommendation for the post of Director General, Family Welfare, RCH and National Rural Health Mission in the Health Department, directed Advocate General to produce the record of selection committee constituted by the Government to make selection for the post of Director General within two weeks.
This significant order has been passed in a writ petition filed by Inder Parkash Gupta claiming to be the senior most in the Health Department challenging the selection and recommendation for the post of Director General Family Welfare, the name of Dr. Muzaffar Ahmed, Director Health Services Kashmir on the ground that Dr. Muzaffar Ahmed is not born on the cadre of Medical Health Service but is a member of Medical Education Department as such not eligible to be appointed on the post of Director General.
Justice Hakim Imtiyaz Hussain after hearing Sr. Advocate A V Gupta with Advocate Yasser Ejaz Tak appearing for the petitioner and Advocate General AH Naik with DyAG S Hakim appearing for the respondent state observed that the respondents have in the reply stated that they have appointed Dr. Muzaffar Ahmed in the Health Department as Director Health Services Kashmir and the post of Medical Superintendent in the Medical Education Department held by him earlier stands filled. From the reply, it is not clear as to whether the appointment of Muzaffar Ahmed as Director Health Services Kashmir, has been made on substantive basis or on deputation, if his posting in the medical department is on substantive and permanent basis; whether he still retains his lien in the medical education department or his lien too has been transferred to health dept. The selection committee has not referred to this aspect as such not considered this issue at all. For a substantive appointment of a person on the post of Director General Health Services, the candidate must from the cadre of health services. Sr. Advocate AV Gupta appearing for the petitioner submitted that there are no rules for appointment to the post of Director General. Advocate General appeared for the state stated that the Government has decided to fill up the post by considering the cases of senior most Directors of the Health Services as per seniority. Upon this Justice Hakim Imtiyaz Hussain directed that the decision of the Government be placed on file for the perusal and consideration of the Court. Senior Advocate AV Gupta has also referred to the reply to a question in the state legislature; the reply shows that the appointment of Muzaffar Ahmed and Jasbir Singh, Health Services is not in accordance with the rules. Upon this Court said that the respondents have remained silent on this issue as they have not replied the plea raised in this behalf and directed the respondents to file supplementary affidavit indicating the stand of the respondents on the issue within two weeks.
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