SrinagarThe Jammu and Kashmir High Court on Friday dismissed a petition, challenging cabinets decision to appoint Dr. Samia Rashid as Principal of Government Medical College Srinagar in April this year.
The petition was filed by Dr Javed Chowdhary and he had also sought direction to the government to consider him for the post being the only eligible candidate.
He had also sought a direction to government to produce the records pertaining to the selection of the Principal GMC.
Chowdhary had claimed that he became due for promotion to the post of Principal GMC Srinagar from 1 November 2013. However, on 24 February 2014, the government decided to grant extension in favour of Dr. Rafiq Pampori, who was due retire on 28 February 2014 for one year. Thereafter, he said, on 19 December 2015, the Principals charge was assigned to Dr. Kaiser Ahmad despite being junior to him. Chowdhary said that he challenged the order and on 19 December 2015, it was stayed by the Court.
Being aggrieved, Dr. Kaiser filed a plea and the courts Division Bench on 3 March 2016 disposed of it with a direction to the government to fill up the post on regular basis within eight weeks.
He said even though his name alone was recommended for appointment to the post by Establishment-cum-Selection Committee and the submitted for approval to the State Cabinet, in the form of Memorandum. However State Cabinet took a decision to appoint of Dr Saima on April 24.
On the other hand, state government contended if by stating that names of five persons were considered by the Committee and the Cabinet approved the Dr Saimas appointment.
It submitted that the decision was taken by the Committee of Experts, bearing in mind the suitability of all the empanelled candidates and the Cabinet was not under legal obligation to accept the recommendations in favour of Chowdhary.
(Dr Chowdhary) has no legally enforceable right to seek appointment on the post in question merely on the basis of recommendation made by the selection committee which is not statutory in nature, a single bench of Justice Alok Aradhe said and dismissed his petition as being without merit.
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